Karnataka High Court
Zakhir Hussain @ Tachi vs The State Of Karnataka on 6 October, 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 06TH DAY OF OCTOBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE B.A. PATIL
CRIMINAL PETITION NO.4641/2020
BETWEEN:
Zakhir Hussain @ Tachi
S/o. Moideenabba,
Aged about 24 years,
R/at : Nandavara,
Dasaragudde, Panemangaluru(P),
Sajipa Munnuru, Bantwal Taluk,
Presently R/at: C/o. Vishwanath,
Near Santhekatte Mosque,
Haleyangadi Village,
Mangaluru Taluk,
D.K. District-575 231.
...Petitioner
(By Sri.Lethif B, Advocate)
AND:
The State of Karnataka,
By Mulki Police Station,
D.K. District,
Represented by SPP
High Court of Karnataka,
Bengaluru-560 001.
...Respondent
(By Sri.Mahesh Shetty, HCGP)
-2-
This Criminal Petition is filed under Section 439 of
Cr.P.C. praying to enlarge the petitioner on bail in Crime
No.139/2017 registered by Mulki Police Station,
Mangaluru City for the for the offence punishable under
Sections 143, 147, 148, 120-B, 448, 326, 395, 397, 414
read with Section 149 of IPC.
This Criminal Petition coming on for Orders
'through Video Conference', this day, the Court made
the following:
ORDER
The present petition has been filed by petitioner- accused No. 2 under Section 439 of Cr.P.C., praying this Court to release him on bail in Crime No.139/2017 of Mulki Police Station, (pending on the file of Civil Judge, JMFC Court, Moodabidre), registered for the offence punishable under Sections 143, 147, 148, 120B, 448, 326, 395, 397, 414 read with Section 34 of IPC.
2. I have heard the learned counsel Sri. Lethif B for petitioner - accused No.2 virtually and the learned High Court Government Pleader Sri. Mahesh Shetty for respondent - State.
-3-
3. The genesis of the case of the prosecution is that, on 25.10.2017 at about 1.00 pm, when the complainant was alone in her house, one unknown person came to her house to enquire about payment of current bill and went back. After five minutes, he again came back to the house of the complainant and rang the door bell. When the complainant opened the door, the said youth caught hold of the neck of the complainant and assaulted on the head of the complainant with one hard instrument and when complainant fell down and lost conscious, the said person took away gold Karimani sara, which was in the neck of the complainant and extorted six gold bangles, one coral gold-chain, necklace, ear stud etc. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner - accused No.2 that contents of the complaint disclose that allegation has been made as -4- against the single person and after lapse of two years, the present petitioner has been apprehended and that too on suspicion. Subsequently, the charge sheet has been filed as against seven persons. No recovery has been made at the instance of the petitioner-accused. It is his further submission that already under similar facts and circumstances, accused No.4 has been released on bail and there are no serious overt act alleged as against the petitioner - accused No.2. The petitioner-accused No.2 is ready to abide by any of the conditions imposed by this Court and ready to offer sureties. On these grounds, he prays to allow the petition and to release petitioner - accused No.2 on bail.
5. Per contra the learned High Court Government Pleader for respondent - State vehemently argued and submitted that petitioner - accused No.2 has been involved in many more cases and he is a habitual offender. If he is released on bail, he may -5- indulge in similar activities. On these grounds, he prays to dismiss the petition.
6. I have gone through the submissions made by learned counsel appearing for the parties and perused the records.
7. On perusal of records and contentions of the complaint, it indicates that one person came and made enquiry with regard to the payment of the current bill and subsequently same person came and assaulted on the head with a hard instrument and took away the gold and other articles from the possession of the complainant. How and in what manner the petitioner- accused No.2 is connected to the alleged crime has not been specifically stated. The alleged crime is also not punishable with death or imprisonment for life. If the petitioner accused No.2 is ordered to be released on bail, it is going to meet the ends of justice. -6-
8. In that light, the petition is allowed. Petitioner - accused No. 2 is ordered to be released on bail in Crime No.139/2017 of Mulki Police Station pending on the file of Civil Judge, JMFC Court, Moodabidre, Mangaluru City, registered for the offence punishable under Sections 143, 147, 148, 120B, 448, 326, 395, 397, 414 read with Section 149 of IPC with following conditions:-
i) Petitioner-accused No. 2 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
ii) He shall be regular in attending the trial Court proceedings.
iii) He shall not leave the jurisdiction of the Court without prior permission.
iv) He shall not threaten or tamper the prosecution evidence directly or indirectly.
v) He shall not indulge in similar type of criminal activities.
vi) He shall mark his attendance once in a
month on every first in between 10
-7-
a.m. and 5 p.m. till the trial is
concluded.
vii) If any one of the condition is violated, the bail is liable to be cancelled.
Sd/-
JUDGE ag