Karnataka High Court
Nijam @ Ibbi Nijam @ Shobha Nijam vs The State Of Karnataka on 10 January, 2025
Author: K.Somashekar
Bench: K.Somashekar
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NC: 2025:KHC:896
CRL.P No. 9806 of 2024
C/W CRL.P No. 10441 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE K.SOMASHEKAR
CRIMINAL PETITION NO. 9806 OF 2024
(439(Cr.PC)/483(BNSS))
CONNECTED WITH
CRIMINAL PETITION NO. 10441 OF 2024
(439(Cr.PC)/483(BNSS))
IN CRL.P No. 9806/2024
BETWEEN:
NISHAK ALIAS PUCHE
S/O MOHAMED ASHRAF
AGED ABOUT 23 YEARS
R/AT NEAR GOVT SCHOOL
FAIZAL NAGAR, BAJAL
MANGALURU
MANGALURU CITY.
...PETITIONER
Digitally
signed by (BY SRI. LETHIF B - ADVOCATE)
SUMATHY
KANNAN
AND:
Location:
High Court of THE STATE OF KARNATKA
Karnataka
KANAKANADY TOWN POLICE STATION
D K DISTIRCT, REP. BY SPP
HIGH COURT BUILDING
BANGALORE 560001.
...RESPONDENT
(BY SRI. THEJESH P - HCGP)
THIS CRL.P FILED UNDER SECTION
(439(Cr.PC)/483(BNSS)) PRAYING TO RELEASE HIM ON BAIL
IN CR.NO.57/2020 (CC.NO.492/2020) OF KANKANADY TOWN
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NC: 2025:KHC:896
CRL.P No. 9806 of 2024
C/W CRL.P No. 10441 of 2024
P.S., D.K. DISTRICT, FOR THE OFFENCES P/U/S 399, 402 OF
IPC, PENDING ON THE FILE OF VII-JMFC COURT, MANGALURU
CITY, D.K. DISTRICT.
IN CRL.P NO. 10441/2024
BETWEEN:
1. NIJAM @ IBBI NIJAM @ SHOBHA NIJAM
S/O. IBBI @ IBRAHIM
AGED ABOUT 23 YEARS
R/AT NEAR FAIZAL NAGAR MASJID
FAIZAL NAGAR, BAJAL VILLAGE
MANGALURU CITY-575 007.
2. ASPAK @ ASBA @ JUTTU
S/O. BASHEER
AGED ABOUT 24 YEARS
R/AT NEAR SIRISEEME NURSERY
FAIZAL NAGAR, BAJAL VILLAGE
MANGALURU CITY-575 007.
...PETITIONERS
(BY SRI. LETHIF B - ADVOCATE)
AND:
THE STATE OF KARNATAKA
KANKANADY POLICE STATION,
D.K. DISTRICT, REP. BY SPP
HIGH COURT BUILDING
BANGALORE-560 001.
...RESPONDENT
(BY SRI. THEJESH P - HCGP)
THIS CRL.P FILED U/S.439 CR.P.C (U/S 483 BNSS)
PRAYING TO RELEASE THEM ON BAIL IN CR.NO.57/2020
(SC.NO.231/2023) OF KANDANADY TOWN P.S., D.K.
DISTRICT, FOR THE OFFENCES P/U/S 399, 402 OF IPC,
PENDING ON THE FILE OF VI-ADDITIONAL DISTRICT AND
SESSIONS JUDGE, D.K., MANGALORE.
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NC: 2025:KHC:896
CRL.P No. 9806 of 2024
C/W CRL.P No. 10441 of 2024
THESE CRL.Ps, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR
COMMON ORDER
These petitions are filed by the Petitioners/Accused Nos.4, 5 and 6 respectively under Section 439 of CrPC corresponding with 483 of BNSS relating to proceeding in Cr.No.57/2020 by Kankanady Police Station in the limit of D.K.Mangaluru for the offence punishable under Sections 399 and 402 of IPC.
2. Heard Learned counsel Sri Lethif.B for Petitioners/ Accused Nos.4, 5 and 6 and also learned HCGP Sri Tejas.P for the Respondent/State.
3. Learned counsel for the petitioners seeks for consideration of the grounds urged in both the petitions and release the aforesaid accused Nos.4, 5 and 6 on regular bail. He submits that the aforesaid accused -4- NC: 2025:KHC:896 CRL.P No. 9806 of 2024 C/W CRL.P No. 10441 of 2024 persons are in judicial custody since from the date of their arrest.
4. It is transpired in the prosecution case that the Cr.No.57/2020 got registered by the Kanakanady Town Police. On 22.06.2020 the Sub-Inspector of Police along with Staff were on patrolling duty. At 04.45 a.m. in wee hours near pump well they received a credible information that near NH73 under newly built Railway Over Bridge at Padeel, 9 to 10 persons were sitting in white colour Maruti Dzire and grey colour Maruti Alto cars with deadly weapons and they were conspiring to attack rich persons and commit dacoit. Based upon the information, the complaint came to be registered by recording FIR in Cr.No.57/2020 for the offences punishable under Sections 399 and 402 of IPC.
5. However, accused Nos. 5 and 6 were granted bail in Crl.P.No.4128/2020 dated 10.09.2020 by imposing certain conditions. The operative portion of the said order -5- NC: 2025:KHC:896 CRL.P No. 9806 of 2024 C/W CRL.P No. 10441 of 2024 indicates that Petitioners/Accused Nos.1 to 6 shall execute a bond in a sum of Rs.1,00,000/- each with likesum surety to the satisfaction of the 7th JMFC Court, Mangalore and other conditions. Further, Accused Nos.5 and 6 were absconding. Due to the said reason, NBW was issued against the said accused and thereby they were produced before the Court of 7th JMFC, Mangalore and they were taken to custody. Presently, Accused Nos.5 and 6 inclusive of accused No.4 are in incarceration.
6. Learned counsel for petitioners submits that accused have not committed alleged offences. Only based upon the information received by the Police Sub-Inspector, FIR came to be registered against the said accused persons. Subsequently, I.O investigated the case thoroughly and laid the charge sheet against them. Proceeding in respect of accused Nos.5 and 6 was committed to Sessions Court in S.C.No.231/2023. Proceeding in CC.No.492/2020 relates to accused No.4. However, both these proceedings arise out of same -6- NC: 2025:KHC:896 CRL.P No. 9806 of 2024 C/W CRL.P No. 10441 of 2024 Cr.No.57/2020. He further submits that accused are ready to abide by the condition that would be imposed by this Court. On this premise, learned counsel for petitioners seeks for consideration of the grounds urged in these petitions and release accused Nos.4, 5 and 6 on bail.
7. Learned HCGP for the State stoutly opposes for consideration of this petition. He submits that after thorough investigation done by the I.O, charge sheet has been laid against the accused Nos.4, 5 and 6 and more so these accused were alleged to commit dacoit and the same is indicated in the material available on record. He further submits that, if these accused are released on bail, they would tamper the prosecution evidence and also destroy the evidence. On this premise, learned HCGP seeks for dismissal of these petitions.
8. Having heard learned counsel for the petitioner Nos.4, 5 and 6 and learned HCGP for the State, Cr.No.57/2020 was registered based upon the credible -7- NC: 2025:KHC:896 CRL.P No. 9806 of 2024 C/W CRL.P No. 10441 of 2024 information received by PSI. On 22.06.2020 the Sub- Inspector of Police along with Staff were on patrolling duty. At 04.45 a.m. in wee hours near pump well they received a credible information that near NH73 under newly built Railway Over Bridge at Padeel, 9 to 10 unknown persons were hatching plan to commit dacoit. It is alleged that, on receiving such information the complainant and his police staff had been to the place at 5.30 a.m. and found two cars with 7 to 8 youths were discussing and they were having deadly weapons in their hands. Further, proceeding in Cr.No.57/2020 came to be registered against the accused and I.O thoroughly investigated the case and laid charge sheet against the accused persons. However, the apprehension made by the learned HCGP for the State regarding if the accused are released on bail, they would tamper and destroy the prosecution evidence. This apprehension made by the learned HCGP be curtailed by imposing suitable conditions for consideration of the bail petitions. Therefore, without expressing any opinion on merits of the matter, it requires -8- NC: 2025:KHC:896 CRL.P No. 9806 of 2024 C/W CRL.P No. 10441 of 2024 for consideration of these bail petitions filed by petitioner Nos.4, 5 and 6. Hence, I proceed to pass the following:
ORDER Bail petitions filed by the Petitioners/Accused Nos.4, 5 and 6 are hereby allowed subject to following conditions:
1. Petitioner/Accused No.4 shall execute a bond in sum of Rs.1,00,000/- with a likesum surety to the satisfaction of the 7th JMFC Court, Mangaluru City, Dakshina Kannada.
2. Petitioner/Accused Nos.5 and 6 shall execute bond in sum of Rs.1,00,000/- each with a likesum surety to the satisfaction of the VI Additional District and Sessions Judge D.K.Mangaluru.
3. Petitioner/Accused Nos.4, 5 and 6 shall not tamper or hamper the case of the prosecution. -9-
NC: 2025:KHC:896 CRL.P No. 9806 of 2024 C/W CRL.P No. 10441 of 2024
4. Petitioner/Accused Nos.4, 5 and 6 shall appear before the Court of law on all dates of hearing without fail.
5. Petitioner/Accused Nos.4, 5 and 6 shall not indulge in any other criminal activities, henceforth.
6. Petitioner/Accused Nos.4, 5 and 6 shall not leave the jurisdiction of Dakshina Kannada District without prior permission of the competent Court of law.
7. If the Petitioner/Accused Nos.4, 5 and 6 violates any above mentioned conditions, the bail order shall automatically stand ceased.
SD/-
(K.SOMASHEKAR) JUDGE RJ