Karnataka High Court
Abdul Basheer vs State Of Karnataka on 12 January, 2021
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JANUARY, 2021
BEFORE:
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO.8085 OF 2020
C/W.
CRIMINAL PETITION NO.8189 OF 2020
IN CRL.P. NO.8085/2020:
BETWEEN:
1. ABDUL BASHEER
S/O LATE MOHAMMED BUDEN SAAB
AGED ABOUT 67 YEARS
2. ANEESA FATHIMA
W/O ABDUL BASHEER
AGED ABOUT 57 YEARS
BOTH ARE RESIDING AT:
# 262, 6TH C MAIN
8TH CROSS HMT LAYOUT
RT NAGAR BANGALORE-560 032 ... PETITIONERS
[BY SRI. AFROZ PASHA, ADVOCATE]
AND:
STATE OF KARNATAKA
BY R.T NAGAR POLICE STATION
REPRESENTED BY THE
HCGP HIGH COURT OF KARNATAKA
HIGH COURT BUILDING
BANGALORE - 560 001 ... RESPONDENT
[BY SRI.THEJESH P., HCGP]
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN
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CR.NO.299/2020 OF R.T.NAGAR P.S., BENGALURU CITY FOR THE
OFFENCE P/U/S 86 AND 87 OF THE KARNATAKA FOREST ACT, 1963
AND SEC. 379 OF IPC.
***
IN CRL.P. NO.8189/2020:
BETWEEN:
TANVEER AHMED @ TANNU
S/O BASHEER AHMED
AGED ABOUT 25 YEARS
RESIDING AT: 262, 6TH C MAIN
8TH CROSS HMT LAYOUT
RT NAGAR BANGALORE - 560 032
ALSO AT:
# S4, CRESENT MAGNA APARTMENT
B BLOCK 6TH CROSS ATMANANDA COLONY
NEAR SYNDICATE BANK
BANGALORE NORTH BANGALORE-560 032 ... PETITIONER
[BY SRI. SIRAJUDDIN AHMED, ADVOCATE]
AND:
STATE OF KARNATAKA
BY R.T NAGAR POLICE STATION
REPRESENTED BY THE
HCGP HIGH COURT OF KARNATAKA
HIGH COURT BUILDING
BANGALORE - 560 001 ... RESPONDENT
[BY SRI.THEJESH P., HCGP]
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.299/2020 OF R.T.NAGAR P.S., BENGALURU CITY FOR THE
OFFENCE P/U/S 86 AND 87 OF THE KARNATAKA FOREST ACT, 1963
AND SEC. 379 OF IPC.
***
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THESE CRIMINAL PETITIONS COMING ON FOR ORDERS,
THIS DAY THE COURT MADE THE FOLLOWING:
ORDER
Crl.P. No.8085/2020 is filed by accused Nos.5 and 6 and Crl.P. No.8189/2020 is filed by accused No.4. Both the petitions are filed under Section 439 of Cr.P.C. to enlarge the petitioners on bail in Crime No.299/2020 of R.T. Nagara Police Station, Bengaluru City, registered for offences punishable under Sections 86 and 87 of the Karnataka Forest Act,1963 and Section 379 of I.P.C.
2. Heard the learned counsel for petitioners and the learned HCGP for respondent/State.
3. The case of the prosecution is that on 29.11.2020 at about 1.00 a.m., when the complainant, working as a Police Sub-Inspector at R.T.Nagara Police Station was on duty, received a credible information that some unknown persons were unloading red sandalwood pieces from a TATA Super Ace goods vehicle bearing reg. No.KA-53/B-3836 and storing in their house situated near HMT Layout in R.T.Nagara. Immediately, the complainant along with his 4 staff and panchwitnesses went to the spot and found 4 persons involved in unloading the red sandalwood pieces from the vehicle. It is stated that 3 persons were apprehended and totally 15 red sandalwood pieces measuring 5-6 ft. as well as electronic weighing machine and a small knife were seized. The red sandalwood pieces weighing 502 kgs. and other articles were seized under a mahazar.
4. The learned counsel appearing for petitioners contended that the petitioners are totally innocent and they have been falsely implicated. It is contended that accused Nos.5 and 6 are the parents of accused No.1 and accused No.4 is the brother of accused No.1 and they are not aware of the transportation of red sandalwood pieces by other accused persons. He submits that accused Nos.5 and 6 are old aged persons and accused No.4 is working in a multi-national company and he is not residing in the house where the alleged seizure has been conducted. He further submits that there are no bad antecedents against the petitioners and accordingly, seeks to allow the petition.
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5. The learned HCGP on the other hand contends that the investigation is still in progress. He submits that the petitioners were involved in unloading and shifting red sandalwood pieces from the vehicle to their houses and they were caught red-hand and therefore, there is a prima facie case made out against the petitioners. He further submits that in the event of their release, they may not cooperate with the investigation and they may flee from justice and also commit similar offences.
6. The allegations are that about 6 persons were involved in transporting red sandalwood pieces and they were found unloading the same from a vehicle in the wee hours on 29.11.2020. About 15 red sandalwood pieces weighing about 502 kgs. have been recovered from the spot. It is stated that accused Nos.1 and 2 who were at the spot are still absconding. The petitioners/accused Nos.5 and 6 are the parents of accused No.1 and the petitioner/accused No.4 is the brother of accused No.1. It is not in dispute that the petitioners namely accused Nos.5 and 6 did not try to abscond from the spot when the Police went to apprehend them. The submission of the learned counsel for petitioners 6 is that these petitioners are totally innocent and they are not aware of the alleged offence committed by the absconding accused. It is not the case of the prosecution that these petitioners are involved in any other offences. There are no bad antecedents against them. However, it is brought to the notice of this Court that the absconding accused No.1 is involved in another case registered at R.T.Nagara Police Station. The petitioners/accused Nos.5 and 6 are aged persons and it is submitted that the petitioner/accused No.4 is working in a company. Material on record disclose that he is residing separately in a rented house along with his wife. It is stated that a sum of Rs.1,000/- has been recovered from him. The said recovery of cash itself is not sufficient to incriminate him. On the basis of the statement of co-accused he has been arraigned as one of the accused. At this stage there are reasonable grounds to believe that petitioners are not guilty of the alleged offence. Considering that the petitioners have been arrested and interrogated and not required for further investigation and considering the entire facts and circumstances of the case, the relief sought by the 7 petitioners can be granted by imposing suitable conditions. Accordingly, the following:
ORDER Petitions are allowed.
The petitioners/accused Nos.4 to 6 shall be released on bail in Crime No.299/2020 registered at R.T.Nagara Police Station, Bengaluru City for offences punishable under Sections 86 and 87 of the Karnataka Forest Act, 1963 and Section 379 of IPC, pending on the file of XXXII Addl. C.M.M. Court, Bengaluru, subject to following conditions:
(1) The petitioners/accused Nos.4 to 6 shall execute a personal bond in a sum of Rs.1,00,000/- [Rupees One Lakh] each with two sureties for the likesum to the satisfaction of the jurisdictional Court.
(2) The petitioners shall make themselves available for the purpose of investigation as and when necessary and they shall cooperate with the investigation.8
(3) The petitioners shall not tamper with the prosecution witnesses/evidence either directly or indirectly.
(4) The petitioners shall not leave the jurisdiction of trial Court without prior permission.
(5) The petitioners shall be regular in
attending the Court proceedings.
Sd/-
JUDGE
Ksm*