Karnataka High Court
Abdul Rehan vs The State Through Kalaburagi Rural Ps on 17 September, 2018
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 17TH DAY OF SEPTEMBER 2018
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION No.200759/2018
BETWEEN:
ABDUL REHAN S/O ABDUL RASHEED SOUDAGAR
AGE: 21 YEARS OCC: PVT. WORK
R/O: INFRONT OF SIRAJ MEDICAL, MAHIBOOB NAGAR
KALABURAGI-585101. ... PETITIONER
(BY SRI.NANDKISHORE BOOB, ADVOCATE)
AND:
THE STATE THROUGH
KALABURAGI RURAL POLICE STATION,
KALABURAGI, NOW REPRESENTED BY
ADDL. S.P.P. HIGH COURT OF KARNATAKA BENCH
KALABURAGI. ... RESPONDENT
(BY SRI.MALLIKARJUN SAHUKAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 OF CRIMINAL PROCEDURE CODE PRAYING TO DIRECT
THE RESPONDENT POLICE, TO RELEASE THE PETITIONER
ON BAIL, IN THE EVENT OF HIS ARREST IN
CRIME.NO.301/2017 OF KALABURAGI RURAL POLICE
STATION KALABURAGI, FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 504, 506 AND 195(A) READ WITH
SECTION 34 OF INDIAN PENAL CODE, PENDING ON THE
FILE OF V ADDITIONAL JMFC, COURT AT KALABURAGI.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
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ORDER
The present petition is filed by the petitioner under Section 438 of Criminal Procedure Code, seeking anticipatory bail in connection with Crime.No.301/2017 of Kalaburagi Rural Police Station Kalaburagi, registered for the offences punishable under Sections 504, 506 and 195(A) read with Section 34 of Indian Penal Code.
2. It is the case of the prosecution that, earlier to registration of this case, a case was registered in Crime.No.252/2017 against the petitioner as well as some other accused persons for the offences punishable under Sections 366(A), 376 and 109 read with Section 149 of Indian Penal Code and Sections 11 and 12 of POCSO Act. In the said case the allegations are that, on 02.07.2017 at about 05.00 a.m. when the complainant's, wife and others were sleeping in the house, at that time, the petitioner herein came to the house and forcibly abducted the daughter of the complainant, aged about 17 years 08 months. During the course of investigation, the petitioner 3 in the said case came to be arrested on 25.07.2017. Subsequently, after completion of the investigation the charge sheet is said to have been filed on 21.10.2017 against the accused Nos.1 to 11.
3. It is the further case of the prosecution that, on 22.08.2017 at about 09.30 p.m. accused Nos.1 and 2 in the present case, the uncle and father of the petitioner herein went to the house of complainant and abused the complainant and his family members and threatened them to withdraw the earlier case filed against them and also threatened them to give false evidence before the Court. In this regard the complaint came to be lodged on 25.08.2017 and case was registered against the said accused Nos.1 and 2 as well as petitioner herein.
4. I have heard the learned counsel appearing for the petitioner as well as learned High Court Government Pleader appearing for the respondent-State. 4
5. The learned counsel appearing for the petitioner submits that, in the earlier case, the petitioner has been granted bail by this Court in Criminal Petition No.200347/2018 by an order dated 16.04.2018. He further submits that, till then he was in judicial custody. When the present crime is alleged to have been committed, he was in judicial custody and a false case has been filed against him. Accordingly, he prayed to allow the petition.
6. The learned High Court Government Pleader appearing for the respondent-State submits that, the petitioner in the previous case, kidnapped the daughter of the complainant and forcibly married her. Subsequently, at his instigation, other accused persons have gone to the house of the complainant and put threats to the family members of the complainant to give false evidence before the Court. Accordingly, he prayed to dismiss the petition.
7. Perusal of the record shows that, in the earlier Crime.No.252/2017 registered by the Kalaburagi Rural Police Station, Kalaburagi, the petitioner was granted bail 5 by this Court in Criminal Petition No.200347/2018 by an order dated 16.04.2018. It is not in dispute that, at the time of registration of the present crime No.301/2017, the petitioner was in judicial custody. Whether the present crime was committed at the instigation of petitioner or not is to be established during the course of trial.
8. Considering the above facts and circumstances of the case, I am of the view that, the petitioner has made out case to release him on anticipatory bail. Accordingly, I proceed to pass the following;
ORDER The petition is allowed.
The petitioner/Accused No.3 shall be released on bail in the event of his arrest in connection with Crime No.301/2017 of Kalaburagi Rural Police Station, Kalaburagi, registered for the offences punishable under Sections 504, 506 and 195(A) read with Section 34 of Indian Penal Code, on the following conditions; 6 i. The petitioner/Accused No.3 shall appear himself before the Investigating Officer within two weeks from the date of receipt of a copy of this order and execute his personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for the likesum to the satisfaction of the Investigating Officer. ii. The petitioner/Accused No.3 shall not either directly or indirectly threaten or tamper with the prosecution witnesses in any manner.
iii. The petitioner shall mark his attendance at the police station on every Sunday between 10.30 a.m. and 04.30 p.m., till the filing of the final report.
iv. The petitioner/Accused No.3 shall co-
operate with the investigation of the case.
v. The petitioner/Accused No.3 shall be
regular in attending the Court
proceedings.
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If any of the bail conditions are violated, the state is at liberty to move for cancellation of bail.
Sd/-
JUDGE KJJ