Karnataka High Court
Pradeep C S vs The State Of Karnataka on 28 November, 2019
Equivalent citations: AIRONLINE 2019 KAR 2148
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF NOVEMBER, 2019
BEFORE
THE HON'BLE MR.JUSTICE B.A. PATIL
CRIMINAL PETITION NO.7992 OF 2019
Between:
Pradeep C.S
S/o Shridhar
Aged about 28 years
R/at Chikka Angala
Yemmedoddi Road
Kadur Taluk
Chikkamangaluru-577548. ...Petitioner
(By Sri Lethif.B, Advocate)
And:
The State of Karnataka,
By Doddapete Police Station
Shimoga District.
Rep. by the State Public Prosecutor
High Court Building
Bengaluru-560 001. ... Respondent
(By Sri.M.Diwakar Maddur, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to enlarge the petitioner on bail in
Cr.No.410/2018 registered by Doddapete Police Station,
Sivamogga for the offence punishable under Sections 143,
147, 384, 511, 307, 507, 120B, 114 and 109 read with 149
of IPC and Section 25 and 27 of Arms Act and Section 3 of
KCOCA Act and etc.,
-2-
This Criminal Petition coming on for Orders this day,
the Court made the following:
ORDER
The present petition has been filed by the petitioner- accused No.8 under Section 439 of Cr.P.C., to release him on bail in Crime No.410/2018 of Doddapete Police Station, Shivamogga for the offence punishable under Sections 143, 147, 384, 511, 307, 507, 120B, 114 and 109 read with Section 149 of IPC and also Section 25 and 27 of Indian Arms Act and so also Section 3 of KCOCA Act, 2000.
2. I have heard the learned counsel for the petitioner-accused No.8 and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that one Khalim Pasha filed a complaint on 04.06.2018 alleging that he is going real estate business. He received a mobile call from mobile phone number 8747069459. The caller introduced himself as Jabbu from Tumkur and informed that some persons from Shivamogga have given supari to kill the complainant and they have also given the photo and his -3- mobile number. He further informed that his boys are staying at Bhadravathi and they will come to his house at about 10.00 a.m. He also demanded an amount of Rs.20 lakhs, for which the complainant told that he is ready to pay the amount. Thereafter, the complainant did not receive any calls and as such he kept quiet. It is further case of the prosecution that one month after receipt of the said call, again he received a call from demand of money and thereafter the phone call was disconnected. Three days thereafter, again complainant received a call and the caller started asking whereabouts of the complainant and further told him to come near Gopalapuradal Road. It is further case of the prosecution that on the next day, again he received a call and the said person abused and threatened the complainant with dire consequences and thereafter disconnected the phone call. It is further case of the prosecution that after four days, at about 7.30 p.m. complainant's friend Abdul Rub's car was parked in front of his house. At that time, some unknown persons came and damaged the glass of the said car and in that context, a complaint has been filed before Doddapete Police. It is -4- further case of the prosecution, that on 03.06.2018, at about 9.40 p.m. the complainant received a phone call to his number 9900601406 from mobile number 7624899969 and the caller introduced himself as Mujju and told the complainant to come near Ayodhya Hotel to which complainant told that he is in Bengaluru and at that time, phone call was disconnected. After 15 minutes, again he received the phone call and the said person told him that his guys are following him and they are also watching his movements and they are going to enter his house and thereafter the phone call was disconnected. It is further case of the prosecution that at about 12.00 O'clock in the midnight the complainant slept and at about 4.00 a.m. he woke up for having food as it was a Ramzan month. At about 4.40 a.m. from the same mobile number i.e., 7624899969, the complainant received a call and the said person asked his whereabouts to which the complainant replied that he has to go to Mosque for namaz to which the said person told him that he will not go to Mosque and he is going to none of the places and by hearing the same, the complainant peeped through window whether anybody was there, but he noticed -5- that nobody was there outside the house. Thereafter, he opened the door. Immediately, two persons came on a motorbike covering the fact with towel and fired towards the complainant. The said bullet hit to the gate and immediately complainant closed the gate and rushed inside the house. Thereafter he received a call that today he was escaped and if money is not paid, next time they would finish him. On the basis of the said complaint, a case has been registered in the above said crime.
4. It is the contention of the learned counsel for the petitioner-accused No.8 that already under similar facts and circumstances, accused Nos.1 to 4 and 10 have been released on bail by Co-ordinate Bench in criminal petition No.5816/2019 dated 21.10.2019. On the ground of parity, the petitioner-accused No.8 is also entitled to be released on bail.
5. It is his further submission that as per the charge sheet the petitioner-accused No.8 has introduced accused No.13 to purchase the arms by accused Nos.5, 9 and 14, except that no other serious overt acts have been -6- made out as against the petitioner-accused No.8. It is his further submission that earlier the petitioner-accused No.8 has approached this Court in criminal petition No.4019/2019 but the said petition was withdrawn with a liberty to approach this Court, if he finds out any changes in the circumstances of the case. Now accused Nos.1 to 4 and 10 have been released on bail. Under such circumstances, the petitioner-accused No.8 is entitled to be released on bail. On these grounds, he prays to allow the petition and to release the petitioner-accused No.8 on bail.
6. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the petitioner-accused No.8 has also facilitated other accused persons in the alleged crime and he is a syndicate member of the crimes. It is his further submission that it is he who introduced accused No.13 to accused Nos.5, 9 and 14 and on the basis of the same remaining accused persons have purchased the weapons and have committed the alleged offence. It is his further submission that there are witnesses to point out that the petitioner-accused No.8 has facilitated along with the accused persons to commit the crime. It is his -7- further submission that the accused No.8 has been included in a case under the KCOCA Act. Under such circumstances, the liberty cannot be considered at this belated stage. It is his further submission that earlier accused No.8 approached this Court and he facilitated to provide the gun and introduced accused No.13. Taking into consideration the above said facts and circumstances this Court has dismissed the petition. On these grounds, he prays to dismiss the petition.
7. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
8. It is not in dispute that earlier the petitioner- accused No.8 approached this Court and the said petition was dismissed. However, the liberty has been given to the petitioner-accused No.8 to approach this Court, if he finds any change in the circumstances of the case. It is the contention of the learned counsel for the petitioner that in view of the petition being allowed in respect of accused Nos.1 to 4 and 10 that he has filed the present petition. -8-
9. I have carefully and cautiously gone through the order of Co-ordinate Bench in crime No.5816/2019, under similar facts and circumstances after elaborate discussion the said Bench has released accused Nos.1 to 4 and 10 and the material which has been made available indicates that the petitioner-accused No.8 has only facilitated by introducing accused No.13 to accused No.5, 9 and 14 there are no serious over tact has been also alleged. Taking into consideration on the ground of parity and above discussion, I am of the considered opinion that the petitioner-accused No.8 has made out a case to allow the petition.
10. In that light the petition is allowed and petitioner-accused No.8 is ordered to be enlarged on bail in Crime No.410/2018 of Doddapete Police Station, Shivamogga District for the offence punishable under Sections 143, 147, 384, 511, 307, 507, 120B, 114, 109 read with 149 of IPC and also Section 25 and 27 of Indian Arms Act and so also Section 3 of KCOCA Act, 2000 with following conditions:-
1. The petitioner-accused No.8 shall execute a personal bond for Rs.2,00,000/- (Rupees two lakhs only) -9- with two sureties for the like sum to the satisfaction of the trial Court.
2. He shall not indulge in similar type of criminal activity and he shall co-operate during the course of the trial and he should be present on all dates of hearing before the Court below.
3. He shall not leave the jurisdiction of the Court without prior permission of the trial Court.
4. He shall mark his attendance once in 15 days on any Sunday in between 10.00 a.m. to 5.00 p.m. before Doddapete police station, Shivamogga till the trail is concluded.
Sd/-
JUDGE ssb