Karnataka High Court
Akhib Ali Khan S/O Gafar Khan vs The State Of Karnataka on 29 August, 2023
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NC: 2023:KHC-D:9620
CRL.P No. 101823 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 29TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL PETITION NO. 101823 OF 2023
BETWEEN:
AKHIB ALI KHAN S/O GAFAR KHAN,
AGED: 32 YEARS,
R/O: GANDHINAGAR,
TALUKA: TIRTHAHALLI,
DISTRICT: SHIVAMOGGA.
...PETITIONER
(BY SRI. SANDEEP K.PHATKURE, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
PRESENTED BY ITS
STATE PUBLIC PROSECUTOR,
CHANDRASHEKAR (BANAVASIL P.S.)
LAXMAN
KATTIMANI HIGH COURT OF KARNATAKA,
Digitally signed by
DHARWAD BENCH,
CHANDRASHEKAR
LAXMAN KATTIMANI AT: DHARWAD.
Date: 2023.09.05
11:56:37 +0530 ...RESPONDENT
(BY SMT.GIRIJA S.HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C. SEEKING TO GRANT ANTICIPATORY BAIL TO THE
PETITIONER/ ACCUSED NO.13 IN CRIME NO.106/2022 IN
BANAVASI POLICE STATION, FOR THE ALLEGED OFFENCE
P/U/SEC. 120(B), 397, 473 AND 201 OF IPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC-D:9620
CRL.P No. 101823 of 2023
ORDER
Petitioner who is arraigned as accused No.13 has filed this petition under Section 438 Cr.P.C., seeking anticipatory bail in Crime No.106/2022 of Banavasi Police Station for the offences punishable under Sections 120B, 397, 473 and 201 IPC.
2. In support of his petition, the petitioner has contended that he is innocent, law-abiding and peace loving citizen. He has not committed the alleged offences. He is falsely implicated. Initially the case was registered against 5- unknown persons. Subsequently, petitioner has been arraigned as accused No.13. As already chargesheet is filed, the custodial presence of petitioner is not required. As per the chargesheet, no overt-acts are attributed to the petitioner. Though the offences are non-bailable, they are not exclusively punishable with death or imprisonment for life. Petitioner is a permanent resident of the address given in the cause title. He is ready and willing to abide by any conditions that may be imposed by this Court and prays to allow the petition.
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3. Learned HCGP submitted oral objections stating that on 19.10.2022, complainant along with his uncle and relatives traveled to Belagavi in Innova car bearing registration No.KA-70/M-0986 in order to purchase a site. They were having cash of Rs.50,00,000/- with them. They reached Belagavi at 11.30 A.M. They saw the site. However, as the rate could not be negotiated, they were returning. They traveled through Kalghatagi - Mundgod - Malagi - Dasanakoppa - Banavasi road and reached Chenngiri Bus stand around 5.15 P.M. At this juncture, a red colour car came from their backside and intercepted their car. Around 5-6 persons got down from the said car. They were holding a knife, pistol and rod. One of them assaulted Muktiyar on his left hand and waist with the knife. Another person assaulted Muktiyar with the iron rod. One of them showed him a pistol and give threat to his life. Some of them damaged the car tires with knife. They also broke the front windshield with rod. They forcibly took away the plastic cover in which cash of Rs.50,00,000/- was kept and left the place in their red -4- NC: 2023:KHC-D:9620 CRL.P No. 101823 of 2023 colour Ritz car. With the help of on goers, they got treatment at Banavasi Primary Health Centre.
3.1 Based on the complaint, Banavasi police have registered a case in Crime No.106/2022 and taken up investigation. During investigation, accused No.1 to 9 are arrested. Based on their voluntary statement, incriminating articles and cash in a sum of Rs.13,30,000/- is recovered. Accused No.10 to 14 have absconded. Balance cash is yet to be recovered. The allegations made against the accused are very grave. All the accused persons after making meticulous preparations have executed their plan and committed the dacoity of Rs.50,00,000/-. Since from the date of incident, petitioner has absconded. Accused No.1 to 9 are in judicial custody. If granted bail, the petitioner may threaten or tamper with the witnesses. He may also abscond and thereby delay and defeat the trial. He may also involve in similar offences and prays to dismiss the petition.
4. Heard arguments and perused the record. -5-
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5. Thus, petitioner who is arraigned as accused No.13 is seeking anticipatory bail contending that he has been falsely implicated. As evident from the material placed on record, it is the definite case of the prosecution that CW10-Mohammed Zakir was intending to purchase a site at Belagavi. His relative i.e. complainant Hasan Javed and CW11-Muktiyar Ahmed Sab were helping him and in that connection 2-3 times they had visited Belagavi. One Asadulla Khan of Hukkeri was helping him to find a suitable site at Belagavi. He had collected Rs.15,00,000/- of his own, taken Rs.15,00,000/- from CW1-Hasan Javed and Rs.20,00,000/- from CW13-Asif Jafurulla. In that way he was having Rs.50,00,000/-.
5.1 It is further case of the prosecution that accused No.1 to 6 having come to know about CW10- Mohammed Zakir proceeding to Belagavi in connection with purchase of site and carrying Rs.50,00,000/-, they conspired to rob him. In this connection, accused No.1 got prepared a duplicate registration number KA-05/MC-1597 made through CW15, which he had come across during -6- NC: 2023:KHC-D:9620 CRL.P No. 101823 of 2023 search in OLX website. He purchased a GPS tracking device from one Harsha. Accused No.3 informed CW10- Mohammed Zakir making preparations to go out and with the help of accused No.3 fixed the GPS tracking devise to Innova car bearing registration No.KA-70/M-0986 which CW10- Mohammed Zakir was supposed to use while going to Belagavi. They also purchased a cell phone from CW6- Ganesh and a sim purchased through CW15-Sumant Pujari. They downloaded the App used to track GPS location. Accused No.3 informed accused No.5 about CW10- Mohammed Zakir proceeding to Belagavi who in turn informed accused No.6 to 10.
6. When complainant and others reached Anantapur, accused No.1, 6, 7, 10, 11 and 12 traveled in red Maruti Suzuki Ritz bearing registration No.KA-41/P- 6793 and accused No.8, 9, 13 and 14 traveled in green Maruti Suzuki Omni bearing registration No.KA-14/M-0475 tracking the Innova in which complainant and others were traveling towards Belagavi. However CW10-Mohammed Zakir did not opt to purchase the site as the rate offered -7- NC: 2023:KHC-D:9620 CRL.P No. 101823 of 2023 was not suitable and therefore, they were returning back. Accused persons who were tracking them intercepted the Innova bearing registration No.KA-70/M-0986 in which CW10-Mohammed Zakir and others were traveling near Channagiri bus stand. Accused No.10 showed a fake pistol to CWs1, 10 and 11 and forced them to come out of the car. Accused No.10 assaulted CW10-Mohammed Zakir on his left palm and finger and caused bleeding injury. Accused No.7 assaulted CW10-Mohammed Zakir with an iron rod on his right hand. Accused No.8 damaged the tires of the Innova car with the knife. They damaged the front wind shield of the car and committed robbery of cash in a sum of Rs.50,00,000/- kept in the backside of the car. In the meanwhile, accused No.1 removed the GPS tracking device from the Innova. They concealed the fake number plate, knives and iron rod in a Neelgiri grove. While returning, accused threw the cell phone and sim used for tracking the Innova into Varada river.
7. From the manner in which the offences committed, it is evident that all the accused persons have -8- NC: 2023:KHC-D:9620 CRL.P No. 101823 of 2023 acted after much deliberation and co-operation and after making meticulous preparation. They have executed the crime and robbed CW10-Mohammed Zakir of Rs.50,00,000/-. It is relevant to note that out of the robbed amount, only a sum of Rs.13,30,000/- is recovered at the instance of accused No.1. Accused No.10 to 14 are still absconding. Their interrogation and recovery is pending. There are specific allegations against the petitioner. Having regard to the complicity of the petitioner in the crime, this Court is of the considered opinion that he is not entitled for anticipatory bail and accordingly, the following:
ORDER The petition filed under Section 438 Cr.P.C. is rejected.
Sd/-
JUDGE CLK/List No.: 1 Sl No.: 14