IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No. 6589 OF 2019 BETWEEN:
1. Yasmin Shaikh, W/o Noor Mohammed Sheik, Aged about 43 years, 2. Azaz Noor Mohammed Sheik, S/o Noor Mohammed, Aged about 42 years.
3. Smt. Banu Bi, W/o Noor Mohammed, Aged about 67 years, Petitioner Nos.1 to 3 are R/at No.603, 6th Floor, Parvathi Building Opp, Sayigan, Yaari Road, Varsova, Anderi, West.
Mumbai-61. ... Petitioners (By Sri. Syed Qualeelulla Quadri, Advocate) AND:
The State of Karnataka, Rep. by Suddaguntepalya Police Station Bangalore.
Rep. by SPP, High Court of Karnataka, Bangalore-560 001. ...Respondent (By Sri. Rohith B.J.,HCGP.) This Criminal Petition is filed under Section 438 of CR.P.C. praying to enlarge the petitioners on bail in the event of their arrest in CR.No.102/2019 registered by Suddaguntepalya Police Station, Bengaluru for the offences Punishable under Sections 506, 406, 120B, 420 read with 34 of IPC.
This Criminal Petition, coming on for orders, this day, the Court made the following:
ORDER Heard learned counsel for the petitioners and the learned HCGP for the respondent-state perused the records.
2. Petitioners are arraigned as accused Nos. 1 to 3 in Crime No.102/2019 for the offence punishable under Sections 506, 406, 120B, 420 of IPC.
3. The brief facts of the case are that the complainant came in contact with an unknown lady in the year 2016 through social media. Her name was Yasmin Shaikh, who is accused No.1. She told him to do some illegal business for the purpose of acquiring money. When the complainant refused for the same, she, along with her friends called the complainant to come over to Bombay. He was taken to Bombay forcibly and thereafter on 09.10.2016 other friends performed the marriage of the complainant along with accused No.1 and the accused persons were blackmailing the complainant, etc. and thereafter, on various occasions they started blackmailing the complainant that they will disclose the marriage between complainant and accused No.1 to the wife of the complainant. In this context, they have robbed jewellery worth Rs.5.00 lakhs and total amount of Rs.40.00 lakhs to Rs.50.00 lakhs in the year 2016. In this context, it is alleged that on 22.05.2019 accused persons sent some rowdy elements to threaten the complainant and hence the complainant has lodged a complaint.
4. Looking to the above-said facts and circumstances of the case, the whole allegation with reference to Sections 420, 120B and 406 appears to have been occurred in the year 2016. The allegation that the threat was given by some people who came to the spot on 22.05.2016, were not named in the complaint or whether they were sent by accused persons, or not has to be established during the course of full-dressed trial.
5. Looking to the above-said facts and circumstances of the case, considering the delay in lodging the complaint, i.e., on 31.05.2019 though the alleged threat was given on 22.05.2019, the petitioners are entitled to be enlarged on bail on certain stringent conditions. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.102/2019 of Suddaguntepalya Police Station, subject to the following conditions:-
i) The petitioners shall surrender themselves before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and shall execute personal bonds for a sum of Rs.1,00,000/- (Rupees One Lakh only) each, with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for.
iv) The petitioners shall not leave the jurisdiction of the Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioners shall mark their attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE Cm/-