Karnataka High Court
Mohammad Tahir S/O Abdul Wahid vs The State Of Karnataka on 27 July, 2018
Author: K.Somashekar
Bench: K.Somashekar
:1:
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 27th DAY OF JULY, 2018
BEFORE
THE HON'BLE MR.JUSTICE K.SOMASHEKAR
CRIMINAL PETITION NO.101244 OF 2018
BETWEEN
1. MOHAMMAD TAHIR S/O ABDUL WAHID,
AGE: 44 YEARS,
OCC: CLOTH MERCHANT,
R/O: A-41, ALBIR NAGAR,
KIRARI, SULEMAN NAGAR,
5TH GALLI, DELHI.
2. IBRAHIM ASIR S/O RAISUDDIN,
AGE: 32 YEARS,
OCC: CLOTH MERCHANT,
R/O: M-1, H.NO.5,
B/8, SANGAM BIHAR DEOLI,
SOUTH DELHI.
3. ALI MOHAMMAD S/O ALI HASAN,
AGE: 28 YEARS,
OCC: CLOTH MERCHANT,
R/O: BILANA,
AMROHA UTTARA PRADESH.
4. MOHAMMAD ARIF S/O HASHMUDDIN,
AGE: 34 YEARS,
OCC: CLOTH MERCHANT,
R/O: H.NO.1700,
TIBBA ROAD,
NEW SHAKTI NAGAR,
LUDHAYANA, PUNJAB.
5. FEROZ AHMED S/O JAMEELAHMED,
AGE: 44 YEARS,
OCC: CLOTH MERCHANT,
:2:
R/O: A-41, BALBIR NAGAR,
KIRARI, SULEMAN NAGAR,
DELHI. ... PETITIONERS
(BY SRI. JAGADISH PATIL, ADV.)
AND
THE STATE OF KARNATAKA,
THORUGH BANKAPUR POLICE STATION,
R/BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH AT: DHARWAD. ... RESPONDENT
(BY SRI.PRAVEEN K UPPAR,HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439(1)(b) OF CR.P.C., PRAYING TO ALLOW THE PRESENT
PETITION AND RELAX THE BAIL CONDITIONS IMPOSED ON THE
PETITIONERS IN CRIMINAL MISC.NO.128/2018, IN
CONNECTION WITH BANKAPUR P.S.CR.NO.9/2018 &
C.C.NO.215/2018, PENDING ON THE FILE OF PRL. DISTRICT
AND SESSIONS JUDGE, HAVERI FOR THE OFFENCES
PUNISHABLE U/S.399 AND 402 OF IPC BY ALLOWING THIS
CRIMINAL PETITION IN SO FOR AS PETITIONERS ARE
CONCERNED.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This criminal petition is filed by the petitioners under Section 439 (1) (b) of the Code of Criminal Procedure in connection with Bankapur P.S. Crime :3: No.9/2018 for offences punishable under Sections 399 and 402 of IPC seeking for relaxation of condition stipulated in para 13 of the bail order passed by Court below in Crl.Misc.No.128/2018.
2. Petitioners/accused being arrayed as accused Nos. 1 to 5 in Bankapur P.S. Crime No.9/2018 for offences punishable under Sections 399 and 402 of IPC. Whereas in the impugned order it is observed that, on 30.01.2018 in the night hours while PSI, Bankapur P.S. was on patrolling duty at about 4 a.m. on 31.01.2018 near Bankapur Bus stand he received the information that, about 6 to 7 persons by forming a group were present at Hubli-Hangal Road, further the complainant alleged in his complaint that, he immediately went to the police Station and with the help of his staff informing them about the above information he received, he went to the spot along with his staff, the complainant further alleged in this complaint that, when he reached at the spot at Rajiv :4: Gram Bus stand he alleged that, he found the petitioners were holding plastic bag, chilly powder, iron rod and knife etc., and were causing obstruction to bypassing vehicles and thereby making preparation to commit decoity. Therefore, a case came to be registered for the offences punishable under Section 399, 402 of IPC.
3. By considering the bail petition grounds and prosecution objections, the Court below has granted bail, the relevant portion of the order reads as follows:
ORDER " This bail petition filed for petitioners No.1 to 7/accused No.1 to 7 U/s. 439 of Cr.P.C. is allowed and it is ordered to release petitioners No.1 to 7/accused No.1 to 7 on regular bail in Bankapur Police Station Crime No.9/2018 for the offences punishable under Section 399 and 402 of IPC and accused Nos.1 to 7 shall execute personal bond in a sum of Rs.50,000/- each with two :5: solvent sureties for likesum and out of two solvent sureties one surety must be of local surety residing within the territorial jurisdiction of Haveri District and to the satisfaction of the committal Magistrate (JMFC, Shiggaon) subject to following conditions.
1 to 5) xxxx. "
4. Heard the leaner counsel for the petitioners and the learned HCGP of the respondent-State.
5. The learned counsel for the petitioners submits that, learned Ist Addl. District & Sessions Judge, Haveri has failed to consider that the petitioners are non residents of Haveri and they do not possess any immovable properties and therefore, the petitioners are unable to secure the local solvent surety residing within the territorial jurisdiction of Haveri District and it is also contended that petitioners are poor and neither the petitioners are the local residents of Haveri District nor their relatives live :6: within the local jurisdiction of Haveri. Therefore, the learned counsel for the petitioners praying for relaxation of conditions imposed by learned Ist Addl. District & Sessions Judge, Haveri in Crl.Misc.No.128/2018.
6. Per contra, the learned HCGP for the respondent - State contended that petitioners are owning movable and immovable properties in their native place as such there is scope for their abscondance and further contended that, petitioners are professional and habitual offenders putting fear to the innocent persons and commit decoity during night hours and accordingly, the learned HCGP prayed to reject the petition, as the petitioners do not deserve for the relaxation of bail conditions as sought for.
7. Keeping in view the submission made by learned counsel for the petitioners, it would be relevant to state that, in the Judgment of Hon'ble Supreme court in the case of Moti Ram and Ors V/s. :7: State of M.P. reported in AIR 1978 SC 1594 = 1979 SCR(1) 335 is squarely applicable to the present petition filed for relaxation of conditions of the bail granting by the Court below. Further, I deem it proper to consider submission made by the learned counsel for the petitioners as well as the ground urged in this petition seeking relaxation of condition stipulated at para 13 of the impugned order. Therefore, I am of the considered opinion that the petitioners deserve for relaxation of bail conditions imposed by the learned Ist Addl. District & Sessions Judge, Haveri in Crl.Misc.No.128/2018, dated 06.03.2018. Accordingly, I proceed to pass the following:
ORDER The petition filed by the petitioners under Section 439 (1)(b) of the Code of Criminal Procedure is hereby allowed, subject to the following condition:
The petitioner Nos. 1 to 5 shall execute a bond in a sum of Rs.50,000/- each with :8: two solvent sureties for the likesum to the satisfaction of the trial Court in Cr.No.9/2018 of Bankapur P.S. Accordingly, to modify the stipulated condition imposed in Crl.Misc.No.128/2018 and rest of the conditions are intact.
Sd/-
JUDGE VB