Karnataka High Court
Nizam S/O Fathrusab vs The State Through on 3 April, 2017
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 3RD DAY OF APRIL, 2017
BEFORE
THE HON'BLE MR.JUSTICE B. A. PATIL
CRIMINAL PETITION No.200406/2017
Between:
Nizam S/o Fathrusab
Aged 25 years, Occ: Fruit Vendor
R/o Dargapura, Bidar
Tq. & Dist. Bidar
... Petitioner
(By Sri Anilkumar Navadagi, Advocate)
And:
The State through
Bidar Town Police Station
Tq. & Dist. Bidar
By the Addl. S.P.P.
High Court of Karnataka
Kalaburagi Bench
... Respondent
(By Sri P.S. Patil, HCGP)
This Criminal Petition is filed under Section 438 of
Cr.P.C., praying to allow the petition and give a direction to
the respondent Bidar Town P.S. to release the petitioner on
bail in the event of his arrest in Crime No.18/2016 of Bidar
Town P.S. of Tq. & Dist. Bidar, which is registered for the
offences punishable under Sections 328 and 420 of IPC and
also Section 78(iii) of Karnataka Police Act.
2
This petition coming on for Orders this day, the Court
made the following:-
ORDER
This petition is filed by the petitioner/accused No.3 under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.18/2016 of Bidar Town Police Station, registered for the offences punishable under Sections 328 and 420 of IPC and also Section 78(III) of Karnataka Police Act, 1963.
2. Brief facts leading to filing of the complaint are that, on 02.02.2016, on receipt of credible information to the effect that some persons were cheating the innocent people and running Matka business outside Shahgunj Kaman in Bidar Town, the complainant along with his staff and two panchas went near the spot at about 3.00 p.m. and conducted a raid. There they found, four persons were writing matka numbers, taking money from the people and issuing matka chits. By seeing the police, the other accused persons ran 3 away from the spot, accused Nos.1 and 2 were apprehended and the materials used for the purpose of playing the matka have been seized by drawing the seizer mahazar. Thereafter, complaint was lodged against the accused persons.
3. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for respondent-State.
4. The main grounds urged by the learned counsel for the petitioner are that petitioner is innocent and has not committed any offence alleged against him. The only allegation made against the petitioner is that he was playing matka along with other accused persons. It is also contended that the petitioner is apprehending his arrest and in the event of his arrest he is going to be harassed by the police. It is further contended that the alleged offences are not punishable with death or imprisonment for life. Already charge 4 sheet has been filed, therefore, the presence of the petitioner is not necessary for the purpose of further investigation or interrogation. Further, it is contended that if the petitioner is enlarged on bail, he is ready to abide by the conditions to be imposed by this Court and ready to offer sureties. On these grounds, he prays for allowing the petition.
5. On the contrary, learned High Court Government Pleader appearing for the respondent-State would contend that the petitioner is habitual offender and as per the records he has been involved in fifteen cases. He would also contend that the petitioner is absconding and he was not available for the purpose of investigation or interrogation. As such, the investigation has been hampered. He would also contend that at this juncture, if the petitioner is enlarged on bail, he may abscond and he may not be available for trial. On these grounds, he prays for dismissal of the petition. 5
6. I have gone through the copy of the complaint and other material produced along with the petition.
7. By going through the contents of the complaint, it indicates that the petitioner along with the other accused persons were playing Matka and at the time of raid, accused Nos.1 and 2 have been apprehended and subsequently, on the basis of their voluntary statement, the name of accused No.3 has been included in the charge sheet. It is submitted by both the counsel that already charge sheet has been filed. When the alleged offences are not punishable with death or imprisonment for life and other two accused persons have been already released on bail, I feel that it is just and proper to release the petitioner on bail by imposing some stringent conditions.
8. During the course argument, it is brought to my notice that the petitioner has been involved in number of cases and the prosecution has furnished the 6 particulars before the trial Court. As such, the criminal miscellaneous case came to be dismissed. Learned counsel for the petitioner would make available the charge sheet material in respect of Crime No.35/2014. On perusal of said document, it indicates that the name of the petitioner is not found and he has not been arraigned as accused. It also indicates that a false information has been furnished and on the basis of the same, the learned High Court Government Pleader has filed the objections. The said aspect is considered to be a serious aspect, as the petitioner has not been involved and the false statement of objection has been filed. On the basis of the same, the bail application came to be dismissed by the trial Court. It requires action by the higher authorities.
9. Registry to send the copy of this judgment to the higher authorities of Police Department to take 7 immediate steps against the concerned police. Action taken be intimated to this Court thereafter.
10. For the aforementioned reasons, the petition is allowed.
The respondent-Police are hereby directed to release the petitioner/accused No.3 on bail, in the event of his arrest, for the above said offences, subject to the following conditions :-
i. The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two solvent sureties for the likesum to the satisfaction of the arresting authority.
ii. The petitioner shall not tamper with any of the prosecution witnesses directly or indirectly.
iii. The petitioner shall appear before the investigating officer as and when required.8
iv. The petitioner shall mark attendance before the concerned police every fortnight.
v. The petitioner shall appear before the jurisdictional Court and execute personal bond, surety bond and furnish surety within thirty days from the date of receipt of certified copy of this order.
Sd/-
JUDGE LG