Karnataka High Court
Khizer @ Mohammed N Khizer vs The State Of Karnataka By on 13 December, 2013
Author: H.S.Kempanna
Bench: H.S. Kempanna
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 13TH DAY OF DECEMBER, 2013
BEFORE
THE HON'BLE MR.JUSTICE H.S. KEMPANNA
CRIMINAL PETITION NO.6969/2013
BETWEEN:
KHIZER @ MOHAMMED N KHIZER
S/O SHABBIR AHMED @ SAMPANDIRAJ,
AGED ABOUT 20 YEARS,
R/AT NO.574,3RD FLOOR,
OTC ROAD,OPP.GOKUL HOTEL,
CHICKPET,
BANGALORE-560 053
... PETITIONER
(By Sri : NAGESH K N, ADV.)
AND
THE STATE OF KARNATAKA BY
CHICKPET POLICE STATION,
BANGALORE
... RESPONDENT
(By Sri B VISHWESHWARAIAH, HCGP)
***
THIS CRL.P FILED U/S. 439 CR.P.C BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HON'BLE COURT MAY BE PLEASED TO ENLARGE THE PETR.
ON BAIL IN CRIME NO.178/13 OF CHICKPET P.S.,
BANGALORE CITY, FOR THE OFFENCES P/U/S 120B AND
395 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
2
ORDER
The petitioner, who is arrayed as accused No.3 in Cr. No.178/2013 on the file of the respondent police which is now registered for the offence under Section 395 of IPC, is before this Court praying to enlarge him on bail.
2. The respondent police on the complaint of one Jayaprakash S/o Mallikarjuna.B.K., a resident of Birur, Kadur Taluk, Chickmagalur District on 09.10.2013 have registered the above case against the petitioner and five others and have taken up investigation. It is alleged among other things in the complaint on 03.10.2013, the Complainant along with two persons comprising of his personal secretary had come from his place Birur along with onion to be sold in the APMC Yard at Yeshwanthapur. Accordingly, he sold the onion which he had brought from Birur and realized an amount of Rs.20,55,000/-. He kept the same in a bag and left Yeshwanthapura APMC Market Yard. As he was to purchase some items in Bangalore City he went to a hotel, had some rest and thereafter at about 4.30pm he came to the shop of one Ashok Kumar, one of his friend, situated at Nagarthpet in Bangalore. He 3 discussed with his friend Ashok Kumar about sale that he had made and cash that he has realized on that day. That was being heard by accused No.1, who is nephew of said Ashok Kumar, who had served tea on the request of Ashok Kumar to the Complainant and also to his other two companions. Thereafter, it is the case of the prosecution the Complainant along with his companions comprising of his personal secretary, who was holding the cash bag, came to the PS Lane, Akkipet at about 6.30PM. According to the prosecution the accused No.1, in the mean time, had secured the other accused in the case including this petitioner near the shop of Ashok Kumar and had pointed out these persons. Accordingly, when the Complainant was going on PS Lane accompanied by two persons with cash, three persons came there from opposite direction and suddenly snatched the bag in which he had kept the cash which was in the hands of his personal secretary and took to their heels. Thereafter, the Complainant filed the complaint on 09.10.2013, upon which a case is registered and during the course of investigation present petitioner is arrested on 11.10.2013 from which date he is in custody. 4 Hence, he has filed the petition praying for releasing him on bail.
3. At the outset, the learned counsel for petitioner submits the occurrence has taken place on 03.10.2013, but the complaint is filed on 09.10.2013. If according to the Complainant he had lost cash of Rs.20,55,000/- on 03.10.2013, he would have filed the complaint on the said day, but as it is filed only after laps of 6 days from the date of occurrence, that goes a long way to show that whether on that day the Complainant had cash with him. He submits he has also not produced any documents to show that he had sold onion on that day and had realized cash which is alleged to have been taken away by these accused persons. Present petitioner is a student prosecuting his studies in B.Sc. Computer Science at Dayanada Sagar College. He hails from respectable family. He is no more required for the purpose of investigation. Hence, he be released on bail.
4. Per contra, the learned HCGP contends investigation is still pending, FIR is not the encyclopedia. The investigating agency is collecting material to show that 5 on that day the Complainant had come to Bangalore from Birur to sell his onion he has sold his onion in the APMC Yard and from which buyer he has received money. The present petitioner though claims to be the student, from his possession an amount of Rs.1,47,000/- has been recovered. That would indicate involvement of the petitioner in commission of the offence and as investigation is still in progress, the petitioner is not entitled to be released on bail.
5. The case is still at the stage of investigation. It is too pre-mature to appreciate the contention raised by the learned counsel for petitioner. The material on record reveals cash of Rs.1,47,000/- has been recovered from the possession of this petitioner, who is a student prosecuting in B.Sc. Computer Science. It is unthinkable petitioner who is a student would be in possession of Rs.1,47,000/-. As the matter is still at the stage of investigation having regard to the offence alleged to have been committed which is one under Section 395 of IPC - Dacoity, which is very serious offence that too having been committed at about 6.30pm in the heart of the city, in the 6 circumstances, it is not a fit case to consider the case of the petitioner at this stage. Accordingly, I do not find any merit in this petition and it is dismissed.
SD/-
JUDGE VK