Karnataka High Court
Sahibul Ansari @ Maggi vs The State Of Karnataka on 29 April, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2025:KHC:17684
CRL.P No. 3781 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF APRIL, 2025
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 3781 OF 2025
BETWEEN:
SAHIBUL ANSARI @ MAGGI
S/O JAHIMUDDIN ANSARI
@ JAYAMU ANSARI,
AGED ABOUT 26 YEARS,
PRESENTLY RESIDING AT
C/O SHANKAREGOWDA,
THURUVEKERE, TUMKUR
DISTRICT - 572 227
PERMANENTLY RESIDING
AT SORNDA VILLAGE,
BANDH TOLI, BALSOTA
POST, BHANDRA STATION,
LOHARDAGGA DISTRICT,
JHARKHAND - 835 302.
...PETITIONER
(BY SRI. JAGADEESHA H., ADVOCATE)
Digitally signed AND:
by NANDINI D
Location: HIGH THE STATE OF KARNATAKA BY
COURT OF KUNIGAL POLICE STATION TUMAKUR
KARNATAKA
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT COMPLEX,
BANGALORE - 560 001.
...RESPONDENT
(BY SMT. PUSHPALATHA .B., ADDL.SPP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS)
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
S.C.NO.122/2024 (CR.NO.136/2024) OF RESPONDENT KUNIGAL
POLICE FOR THE OFFENCES P/U/S 397, 307, 448 OF IPC AND 3, 25
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NC: 2025:KHC:17684
CRL.P No. 3781 of 2025
OF ARMS ACT, PENDING ON THE FILE BEFORE THE VI ADDL.
DISTRICT AND SESSIONS JUDGE, AT TUMKUR.
THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused No.2 in SC No.122/2024 pending before the Court of VI Additional District and Sessions Judge, Tumkur arising out of Cr.No.136/2024 registered by Kunigal Police Station, Tumkur, for the offences punishable under Sections 397, 307, 448 of Indian Penal Code (for short 'IPC') and Sections 3 and 25 of Arms Act, is before this Court in this successive bail application under Section 439 of Cr.PC seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.136/2024 was registered by Kunigal Police Station, Tumkur, for the aforesaid offences against unknown persons, based on the first information dated 26.03.2024 received from Pushpalatha W/o Mohan Kumar. -3-
NC: 2025:KHC:17684 CRL.P No. 3781 of 2025
4. During the course of investigation of the case, petitioner herein was arrested on 31.03.2024. After completing investigation, charge sheet has been filed against three persons and petitioner is arrayed as accused No.2 in the charge sheet. His bail application filed before the Sessions Court was rejected and therefore, he had approached this Court in Crl.P.No.9262/2024, which was dismissed as not pressed on 04.11.2024. It is under these circumstances, the petitioner is before this Court.
5. Learned counsel for the petitioner submits that petitioner has no criminal antecedent. He is in custody for last more than one year. No body has suffered any injury in the incident in question as a result of assault made by the accused persons. Though in the first information it is stated that the accused persons had robbed a sum of Rs.3,00,000/- from the house of the first informant, subsequently it is stated that the said amount of Rs.3,00,000/- was found in the house. Trial in the case is yet to commence. Accordingly, prays to allow the petition.
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NC: 2025:KHC:17684 CRL.P No. 3781 of 2025
6. Learned Additional SPP, who has opposed the petition, however, does not dispute the submission made by learned counsel for the petitioner. She however submits that petitioner hails from Jharkhand State and in the event he is enlarged on bail, it would be difficult to secure his presence.
7. FIR in the present case was registered for the aforesaid offences against unknown persons. During the course of investigation, petitioner herein was arrested on 31.03.2024. In the first information it is stated that when the first informant and her relatives were in their house, two persons wearing helmet, all of a sudden entered into their house on 26.03.2024 at about 3.10 pm and one amongst them forcibly snatched a bag, in which, a sum of Rs.3,00,000/- was kept inside the house. When the father of the first informant tried to pull the bag from the said person, he allegedly took out a pistol and threatened Ganganna, who is the father of the first informant. When the accused persons tried to flee away from the spot, Ganganna tried to chase them and one of the accused fired towards Ganganna and in the said incident, Ganganna had suffered a injury on his leg and therefore, he was admitted to the hospital.
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NC: 2025:KHC:17684 CRL.P No. 3781 of 2025
8. During the course of investigation, accused Nos.1 and 2 were arrested. After completing investigation, charge sheet has been filed against three persons. As per the charge sheet allegation, accused Nos.1 and 2, who were wearing helmets had entered the house of the first informant on 26.03.2024 at about 3.10 pm and had requested CW2 - Jayalakshmi to provide them a glass of water. When she went inside the house to bring water, the accused persons started searching the house for valuables and when CW1-Pushpalatha raised a cry, her father CW3-Ganganna questioned accused Nos.1 and 2 and tried to catch hold of them. Accused No.1 took of a pistol and fired towards CW3-Ganganna and thereafter accused Nos.1 and 2, ran away from the house. When CW3- Ganganna tried to chase them, the accused No.1 once again fired towards him and when CW3 made an attempt to escape, he fell down and as a result, suffered one simple injury and one grievous injury on his leg. From the aforesaid it is apparent that CW3- Ganganna has not suffered any injury as a result of assault made by the accused persons or as a result of firing by accused No.1 from his pistol towards Ganganna. -6-
NC: 2025:KHC:17684 CRL.P No. 3781 of 2025
9. In the further statement of the first informant, she has stated that though in the first information it was stated that a sum of Rs.3,00,000/- was robbed from their house, subsequently, it was found that the said amount was found inside their house and therefore, it is also apparent that the accused persons have not robbed any valuables from the house of the first informant. Undisputedly, the petitioner is in custody for the last more than one year. Trial in the case is yet to commit. The apprehension expressed by the learned ASPP can be taken care of by imposing appropriate conditions. Accordingly, the following:-
ORDER The petition is allowed.
The petitioner is directed to be enlarged on bail in Cr.No.136/2024 registered by Kunigal Police Station, Tumkur, for the offences punishable under Sections 397, 307, 448 of IPC and Sections 3 and 25 of Arms Act, subject to the following conditions:
a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh -7- NC: 2025:KHC:17684 CRL.P No. 3781 of 2025 only) with two sureties (of which, atleast one shall be local surety) for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in
similar offences in future;
e) The petitioner shall not leave the
jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off.
Sd/-
(S VISHWAJITH SHETTY) JUDGE BH List No.: 1 Sl No.: 29