Karnataka High Court
Khureshi Tabrej vs The State Of Karnataka By on 2 February, 2018
Author: R.B Budihal
Bench: R.B Budihal
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY, 2018
BEFORE
THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO. 9626/2017
BETWEEN:
KHURESHI TABREJ
@ TABREJ AHMED,
AGED ABOUT 29 YEARS,
S/O. LATE IQBAL AHMED
R/AT. MASJID GALLI
KURUBARA PETE, MULBAGALU
KOLAR DISTRICT - 563 131.
... PETITIONER
(BY SRI. SRINIVASAIAH M., ADV.)
AND:
THE STATE OF KARNATAKA
BY VIDYARANYAPURA POLICE,
REPRESENTED BY ITS
SPECIAL PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA,
BENGALURU-560001.
...RESPONDENT
(BY SRI.CHETAN DESAI, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN CRIME NO.37/2016 OF VIDYARANYAPURA POLICE
STATION, BENGALURU CITY FOR THE OFFENCE P/U/S
376 384, 506, 420 OF IPC.
2
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 376, 384, 506, 420 of IPC, registered in respondent - police station in Crime No.37/2016.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.
3. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record.
4. The complainant is the victim who lodged the complaint stating that she married about 11 years back with one Tabrez Pasha and due to harassment by 3 her husband, she came and lived in her father's house along with her son. Father of the complainant was suffering from paralysis attack. Complainant started giving ayurvedic medicine to her father and accordingly while going to Andhra Pradesh of Puliminary Doctor by car on 30.01.2012, the accused was introduced and father of the complainant was brought to the treatment twice in a month and accused stated to the complainant that her father is suffering from paralysis along with paranormal activity and he proclaimed that he knows the Black Magic to cure the disease of father of the complainant and he also assured to rejoin the family of the complainant to her husband, due to he knowing her family problems. Believing the accused, the complainant followed the same. By misusing the same, the accused came to the complainant's house so many times and he abuses of sexual intercourse with the complainant and drag the money from the complainant for the purpose of doing various pooja from 2012 and 4 also he received a sum of Rs.2,50,000/- as a hand loan. Further allegation goes to show that the accused was threatening the complainant that if she insisted for repayment of Rs.2,50,000/-, he will publish the photos and videos which he has taken. On the basis of the said complaint, a case came to registered for the alleged offences.
5. Looking to the complaint averments, it goes to show that the alleged offences took place in the year 2012 itself. The complainant is a woman aged about 34 years as mentioned in the complaint. Ultimately, complaint came to be filed in the year 2016 after the lapse of nearly four years from the date of alleged incident. Apart from that, as submitted by the learned counsel for the petitioner that there was a chit business and in connection with the said transaction, the complainant was due to pay chit amount to the petitioner. She gave a cheque in the name of the 5 petitioner. On presentation of the same, it was dishonoured. Learned counsel also made the submission that when the cheque is bounced, he informed the complainant to pay the money. Inspite of that, chit amount was not at all paid to the petitioner and that is the motive for lodging the false complaint against the petitioner.
6. Learned High Court Government Pleader appearing for the respondent-State opposes the petition contending that looking to the complaint averments, there are allegations made by the complainant. This matter is of the year 2014. Therefore, if the petitioner is released on bail, he may put hurdle in further progress in the trial of the case. Hence, he submits that the petitioner is not entitled to be granted bail.
7. Investigation is already completed and the case is also committed to the Court of Sessions. Now, as submitted, the case is posted for hear before the 6 charge before the concerned trial Court. Looking to the material placed on record, in view of the inordinate delay of nearly four years in lodging the complaint and as the learned counsel for the petitioner also brought to the notice of the court about chit transaction and cheque issued by the complainant in favour of the petitioner herein, it is a fit case to exercise discretion in favour of the petitioner by imposing conditions.
8. Accordingly, the petition is allowed. Petitioner/accused is ordered to be released on bail for the offences punishable under Sections 376, 384, 506, 420 of IPC registered in Crime No.37/2016, subject to the following conditions:
i. Petitioner shall execute a personal bond for Rs.1,00,000/- and shall furnish one surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.7
iii. Petitioner has to appear before the concerned Court regularly.
Sd/-
JUDGE PMR