Karnataka High Court
Gaffur @ Syed Gaffur vs The State Of Karnataka on 26 December, 2017
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF DECEMBER 2017
BEFORE
THE HON'BLE MR. JUSTICE N.K.SUDHINDRARAO
CRIMINAL PETITION NO.8148 OF 2017
BETWEEN:
GAFFUR @ SYED GAFFUR
AGED 60 YEARS
S/O SYED KHADAR
R/AT NO.12, 1ST CROSS
ROSHAN NAGARA, MYSORE ROAD
BENGALURU - 560 058.
... PETITIONER
(BY SRI CHANDRAHASA RAI B., ADV.)
AND:
THE STATE OF KARNATAKA
BY CHANNAGIRI POLICE STATION
DAVANAGERE DISTRICT
REPT. BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU - 560 001.
... RESPONDENT
(BY SRI K. NAGESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED U/S.439 OF
CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL
IN CRIME NO.120/2017 OF CHANNAGIRI POLICE STATION,
DAVANAGERE FOR THE OFFENCE P/U/S. 395 OF IPC
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PRESENTLY PENDING IN CRIME STAGE ON THE FILE OF
ADDL. CIVIL JUDGE (JR.DN.) AND JMFC COURT,
CHANNAGIRI.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner under Section 439 Cr.P.C. seeking his release on bail in Crime No.120/2017 for the offence punishable under Section 395 of IPC.
2. Regard being had to the fact that while the case was registered, it was filed for the offence punishable under Section 384 of IPC. It is stated that the accused persons barged entry to the house of the complainant, wherein they had stolen 16 bags of Arecanut weighing about 12 quintals worth Rs.3,00,000/- and later the final report was submitted against accused Nos.1 to 9.
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3. The police have registered the case for the offence punishable under Section 384 of IPC on 11.03.2017 and they filed it as dacoity when the final report was submitted.
4. On being questioned, learned HCGP would submit that test identification parade was not conducted and on being asked about the arrest of the accused, it is stated that the complainant has identified the accused persons including the petitioner herein in the police station.
5. In the circumstances, the investigation of the case was conducted while the petitioner was in judicial custody. There was no likelihood of interference to the investigation by the petitioner.
6. Accordingly, the petition is allowed. Petitioner is ordered to be released on bail in Crime No.120/2017 of the respondent - Police Station for the 4 offence punishable under Section 395 of IPC, subject to the following conditions:
i) The petitioner-accused shall execute a personal bond for Rs.1,00,000/- (Rupees One Lakh only) with a surety owning and possessing immovable properties for the likesum.
ii) The petitioner-accused shall not terrorize the witnesses nor tamper the prosecution evidence in any manner.
iii) The petitioner-accused shall not leave the Karnataka border till CWs.1 and 2 are examined without prior permission of the trial Court.
iv) The petitioner-accused shall mark his attendance before the Investigating Officer of the above case on every Saturday between 9.00 and 10.00 p.m. till the examination of CWs.1 and 2.
Sd/-
JUDGE ca