Karnataka High Court
Mohammed Sameer @ Mohammed Sami vs State Of Karnataka on 22 May, 2014
Author: K.N.Phaneendra
Bench: K.N. Phaneendra
1
IN THE HIGH COURT OF KARNATAKA BANGALORE
DATED THIS THE 22ND DAY OF MAY, 2014
BEFORE
THE HON' BLE MR. JUSTICE K.N. PHANEENDRA
CRL.P.No. 1860 OF 2014
BETWEEN:
Mohammed Sameer @
Mohammed Sami
S/o M.A. Mohammed,
Aged about 32 years,
R/at No. 185, N.H.I.G.,
Block A-2, 5th Stage,
Yelahanka Upanagara,
Bangalore - 560 064. ...PETITIONER
(BY SRI. BASAVARAJU K.P., ADV.)
AND:
State of Karnataka,
By Yelahanka New Town Police,
Bangalore. ...RESPONDENT
(BY MR. VIJAYAKUMAR MAJAGE, HCGP)
***
THIS CRIMINAL PETITION IS FILED U/S.439
CR.P.C BY THE ADVOCATE FOR THE PETITIONER
PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED
TO ENLARGE HIM ON BAIL IN CRIME NO.41/2014
REGISTERED BY THE RESPONDENT FOR THE ALLEGED
COMMISSION OF OFFENCE UNDER SECTION 25(1) (A)
2
OF ARMS ACT, 1959, NOW PENDING ON THE FILE OF
THE CHIEF METROPOLITAN MAGISTRATE COURT AT
BANGALORE.
THIS PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:-
ORDER
Heard the learned Counsel for the petitioner and the learned High Court Government Pleader for the State and perused the records.
2. The petitioner arrayed as accused No.1 for the offence punishable under Section 25(1) (A) of Arms Act, 1959.
3. The facts disclose that the Head Constable attached to the respondent - Police submitted a report on 28.02.2014 that himself and PC 3467 - Puttaraju were entrusted with a duty to trace some properties and accused in theft cases. In that connection, on 28.02.2014 at 1.00 p.m. they found the petitioner who was suspiciously wandering across the office of the Professional Courier. On taking him 3 to their custody they found 6 copper heads in one packet and another one packet containing 4 copper heads which are used for pistol bullets. As the petitioner did not give proper explanation for that a case has been registered against him and investigation has been started. It seems after the investigation, the charge sheet is also filed.
4. While rejecting the bail the Trial Court has observed in Criminal Misc. No.1357/2014 that the Police have opposed the bail petition on the ground that they have to gather about the antecedents of the accused and collect a report from the experts and also information to be gathered whether the accused has any nexus with any terrorists, etc. It appears on that ground as the investigation was not completed the trial Court has rejected the bail petition under Section 439 of Cr.P.C. Now, the charge sheet is filed.
5. On perusal of the charge sheet, there is no previous bad antecedents alleged against the 4 petitioner and he has not been styled as a person having any connection with any terrorists. Merely because he was found with some copper heads that itself is not sufficient to hold that the person is guilty of the offence it make very strong suspicion on him. The said allegations have to be proved beyond reasonable doubt. The offence is not punishable either with death or imprisonment for life, to the maximum extent punishable with ten years.
6. Under the above said circumstances, I am of the opinion, if the petitioner is ready and willing to offer substantial surety for his appearance and abide by the conditions, the bail petition deserves to be allowed. Hence, the following Order :
The bail petition is allowed subject to the following conditions:
1) The petitioner shall be released on bail on executing a personal bond for a sum of Rs.50,000/- with one solvent surety 5 for the like sum to the satisfaction of the Committal/Trial Court as the case may be.
2) The petitioner shall not indulge in tampering the prosecution witnesses.
3) He shall appear before the Court on all the future hearing dates unless prevented by any genuine cause;
4) He shall not leave the jurisdiction of the Trial Court without prior permission till the case registered against him is disposed of.
Sd/-
JUDGE Rbv