Karnataka High Court
Faraz S/O. Molali Yalival vs The State Of Karnataka on 16 April, 2014
Author: K.N.Phaneendra
Bench: K.N. Phaneendra
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 16TH DAY OF APRIL, 2014
BEFORE
THE HONOURABLE MR. JUSTICE K.N. PHANEENDRA
CRIMINAL PETITION NO. 100702/2014
C/W.
CRIMINAL PETITION NO. 100703/2014
CRL.P. 100702/2014 :
BETWEEN:
1. FARAZ S/O. MOLALI YALIVAL
AGE: 22 YEARS,
OCC: BUSINESS
R/O. BELGALPETH, TQ: HANGAL
DIST: HAVERI
2. SULEMAN S/O. PEERSAB YALIVAL
AGE: 30 YEARS, OCC: BUSINESS
R/O. BELGALPETH, TQ: HANGAL
DIST: HAVERI
3. MODIN
S/O. HAJARESAB GANJEAVAR
AGE: 25 YEARS, OCC: BUSINESS
R/O. BELGALPETH,
TQ: HANGAL DIST: HAVERI
4. JAINULLA
S/O. HAJARESAB MAKAMDAR
AGE: 22 YEARS, OCC: BUSINESS
R/O. BELGALPETH,
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TQ: HANGAL DIST: HAVERI
5. GOUSHA S/O KHADRI CHANDAPUR
AGE: 22 YEARS, OCC: BUSINESS
R/O. BELGALPETH,
TQ: HANGAL DIST: HAVERI
6. MOHAMMEDGOUSE
S/O. MOHAMMED HANIF KWATI
AGE: 32 YEARS, OCC: BUSINESS
R/O. BELGALPETH,
TQ: HANGAL DIST: HAVERI
7. BABAJAN
S/O. RAHIMSAB BHAVAKHANAVAR
AGE: 55 YEARS, OCC: BUSINESS
R/O. BELGALPETH,
TQ: HANGAL DIST: HAVERI
8. BABULAL
S/O. MANAFSAB BHAVAKHANAVAR
(BHANAKHANAVAR)
AGE: 45 YEARS, OCC: BUSINESS
R/O. BELGALPETH,
TQ: HANGAL DIST: HAVERI
9. SHABBIRAHMED S/O. AJIZ GUNDI
AGE: 40 YEARS,
OCC: BUSINESS
R/O. BELGALPETH,
TQ: HANGAL DIST: HAVERI
10. MEHBOOBSAB
S/O. GUDUSAB NEREGAL @ HARAVI
AGE: 62 YEARS, OCC: BUSINESS
R/O. BELGALPETH,
TQ: HANGAL DIST: HAVERI
... PETITIONERS
(BY SRIYUTHS F V PATIL & K S KORISHETTAR, ADVOCATES)
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AND :
THE STATE OF KARNATAKA
BY SUB INSPECTOR OF POLICE
CAMP POLICE STATION, BELGAUM
NOW R/BY ITS STATE PUBLIC PROSECUTOR,
HONBLE HIGH COURT OF KARNATAKA
DHARWAD
... RESPONDENT
(BY SRI VIJAYAKUMAR MAJAGE, HIGH COURT
GOVERNMENT PLEADER)
THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C.
SEEKING TO GRANT AN ANTICIPATORY BAIL TO THE
PETITIONERS IN CRIME NO.32/2014 REGISTERED BEFORE
THE CAMP POLICE STATION, BELGAUM, FOR THE OFFENCES
P/U/S 143, 147, 343, 504, 506, 366-A R/W SEC. 149 OF IPC.
CRL.P. NO. 100703/2014 :
BETWEEN :
1. MOULAALI S/O. HAZARATSAB KWATI
AGE: 60 YEARS, OCC: BUSINESS
R/O. BELGALPETH, TQ: HANGAL
DIST: HAVERI
2. RAFIQ S/O. ISAKSAB TAHASILDAR
AGE: 46 YEARS, OCC: BUSINESS
R/O. BELGALPETH,
TQ: HANGAL DIST: HAVERI
3. ABDUL KARIM
S/O. IMAMSAB SUNKAD
AGE: 35 YEARS, OCC: BUSINESS
R/O. BELGALPETH,
TQ: HANGAL DIST: HAVERI. ... PETITIONERS
(BY SRIYUTHS F V PATIL & K S KORISHETTAR, ADVOCATES)
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AND :
THE STATE OF KARNATAKA
BY SUB INSPECTOR OF POLICE
CAMP POLICE STATION, BELGAUM
NOW R/BY ITS STATE PUBLIC PROSECUTOR
HONBLE HIGH COURT OF KARNATAKA
DHARWAD
... RESPONDENT
(BY SRI VIJAYAKUMAR MAJAGE, HIGH COURT
GOVERNMENT PLEADER)
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.
SEEKING TO GRANT AN REGULAR BAIL TO THE PETITIONERS
IN CRIME NO.32/2014 REGISTERED BEFORE THE CAMP
POLICE STATION, BELGAUM, FOR THE OFFENCES P/U/S 143,
147, 343, 504, 506, 366-A R/W SEC. 149 OF IPC.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard learned counsel for the petitioners and learned High Court Government Pleader for respondent - State. Perused the records.
2. A lady by name Smt. Pyarijan Tahsildar W/o. Moulasab of Belgalpeth, Hangal taluk, Haveri district, has lodged a complaint before Belgaum police stating that her daughter by name Bibi Sadika, aged about 15 years was studying in Islamia 5 Girls' High School, Camp Belgaum, at the time of incident. It is alleged that, on 05.02.2014 at about 8 a.m. when the said girl was proceeding to school, at that time the accused Nos.1 to 6 have come in a Maruti Omni car and rubbed some drug to the nose of said girl and thereafter they took her to the house of Mouli @ Moulaali and kept there for a period of three days. Thereafter accused Nos.1 to 6 along with other accused persons have performed the marriage of said girl with accused No.1. The other accused persons by name Moulali - father of accused No.1, Rafiq and Abdul Kareem have also involved in conducting the said marriage.
3. The learned counsel for petitioners has submitted that the complaint has been filed after one month and two days of the alleged incident. It is further submitted that accused No.1 and Bibi Sadika have fell in love with each other, and therefore, a false complaint has been lodged against the petitioners. At this stage, except F.I.R., nothing has been produced before Court to establish that it is a false complaint, the investigation is still in progress.
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4. On perusal of said complaint, so far as accused Nos.7 to 10 are concerned, there are no specific allegations against them. It is stated that they have only co-operated for performing the marriage. Under the above said circumstances, I am of the opinion that serious allegations are made against accused Nos.1 to 6 that they have abducted the victim girl for the purpose of performing the marriage. Therefore, petitioner Nos.1 to 6 in Crl.P.No.100702/2014 are not entitled for bail and they are at liberty to move the appropriate Court under Sections 437 or 439 of Cr.P.C. at the appropriate stage. Petitioner Nos.7 to 10 in Crl.P.No.100702/2014 are entitled to be enlarged on bail. Further, petitioners in Crl.P.No.100703/2014 are also entitled to be enlarged on bail. Hence, the following order is passed :
ORDER Crl. P. No.100702/2014 filed under Section 438 of Cr.P.C. is partly allowed.
Bail petition of petitioner Nos.1 to 6 is rejected. 7 Bail petition of petitioner Nos.7 to 10 is allowed and they are entitled to be released on bail in the event of their arrest in connection with Crime No.32/2014 for the offences punishable under Sections 143, 147, 343, 504, 506, 366-A r/w. Section 149 of I.P.C. and they shall surrender before the Investigating Officer within 10 days from the date of receipt of this order. Petitioner Nos.7 to 10 shall execute a personal bond for a sum of Rs.30,000/- each with one solvent surety for a likesum to the satisfaction of Investigation Officer.
Crl. P. No.100703/2014 filed under Section 439 of Cr.P.C. is allowed. The petitioners shall execute a personal bond for a sum of Rs.30,000/- each with one solvent surety for a likesum to the satisfaction of jurisdictional Magistrate.
The petitioners, who are released on bail in both the petitions are subjected to the following conditions : 8
i) Petitioners shall not indulge themselves in hampering the investigation or tampering the prosecution witnesses.
ii) Petitioners shall make themselves available to Investigating Officer as and when required for the purpose of investigation, interrogation etc.
iii) Petitioners shall not leave the jurisdiction of Haveri District without prior permission of jurisdictional Magistrate, till the case registered against them is disposed of.
iv) Petitioners shall regularly attend the Court on all the future hearing dates, unless prevented by any genuine cause.
Sd/-
JUDGE hnm/