Karnataka High Court
Mohammed Aejaz @Aejaz Ahmed Patel vs The State on 27 June, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2023:KHC-K:4604
CRL.P No. 200715 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 27TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 200715 OF 2023
BETWEEN:
MOHAMMED AEJAZ @AEJAZ AHMED PATEL
S/O ABDUL RAHEEM PATEL
AGE 50 YEARS, OCCUPATION BUSINESS
RESIDENT OF GALIB COLONY
KALABURAGI ...PETITIONER
(BY SRI. LIYAQAT FAREED USTAD,ADVOCATE)
AND:
THE STATE
THROUGH FARHATABAD POLICE STATION KALABURAGI
REPRESENTED BY THROUGH PUBLIC PROSECUTOR
Digitally signed
by LUCYGRACE
HIGH COURT BENCH
Location: HIGH
COURT OF
KALABURAGI-585107. ...RESPONDENT
KARNATAKA
(BY SRI. SHARANABASAPPA M. PATIL, HCGP)
CRL.P FILED U/S. 438 OF CR.P.C BY THE ADVOCATE FOR THE
PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE
PLEASED TO, ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF
ARREST IN CRIME NO. 95/2022 OF FERHATABAD POLICE STATION,
DIST. KALABURAGI FOR THE OFFENCES PUNISHABLE U/SEC.420,
468, 471, 482, 483 OF IPC PENDING BEFORE II ADDL. CIVIL JUDGE
AND JMFC AT KALABURAGI.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC-K:4604
CRL.P No. 200715 of 2023
ORDER
The petitioner-accused herein is sought to be prosecuted for the offence punishable under Sections 420, 468, 471, 482, 483 of IPC.
2. Heard the learned counsel for the petitioner - accused and the learned High Court Government Pleader for the respondent - State.
3. The case of the prosecution is that, the chassis number and engine number of the subject vehicle are not tallying with each other and the petitioner-accused herein being the owner has defrauded the Government under the provisions of Motor Vehicles Act.
4. Now that the subject vehicle has been seized by the investigating officer there is no possibility of the petitioner- accused herein tampering with the chassis or engine numbers of the subject vehicle.
5. Hence, the petitioner-accused herein has made out a prima facie case to enlarge him on anticipatory bail in the event of his arrest by imposing stringent conditions.
6. Accordingly, I pass the following:
ORDER The criminal petition is allowed and the Farhatabad Police Station, Kalaburagi, is hereby directed to enlarge the petitioner-accused herein on bail, in the event of his arrest in -3- NC: 2023:KHC-K:4604 CRL.P No. 200715 of 2023 Crime No.95/2022, for the offences punishable under Sections 420, 468, 471, 482, 483 of IPC, subject to the following conditions:
i) Petitioner is ordered to be enlarged on bail by furnishing a personal bond for a sum of Rs.1,00,000/-with one surety for the likesum to the satisfaction of the Investigating Officer;
ii) He shall co-operate with the Investigating Officer for the purpose of investigation;
iii) He shall not threaten the prosecution witnesses or lure in any manner;
iv) He shall not leave the territorial limits without prior permission of the Investigating Officer;
v) He shall not tamper with the prosecution evidence directly or indirectly;
vi) He shall mark his attendance on first Sunday of every month between 10.00 a.m. to 5.00 p.m. before the Investigating Officer till the investigation is completed.
Sd/-
JUDGE HR