Bangalore District Court
In Jaheed Qureshi vs State By Kothanur Police Station on 17 May, 2021
IN THE COURT OF THE XXVI ADDL. CITY CIVIL &
SESSIONS JUDGE, AT MAYO HALL, BENGALURU
(CCH.20)
Present:
Sri.D.S.Vijaya Kumar, B.Sc, LL.B.,
XXVI Addl. City Civil & Sessions Judge, Bengaluru
th
Dated this the 17 day of May, 2021.
Crl.Misc.No.25560/2021
& Crl.Misc.No.25562/2021
Petitioner in Jaheed Qureshi
Crl.Misc.No. Aged about 20 years,
25560/2021:- S/o Zabee Qureshi,
R/a. No.22, Deval, Chikkajala,
Bengaluru
[By Sri.TMR-Adv.]
Petitioner in Irfan
Crl.Misc.No. S/o Abdul Kareem,
25562/2021:- Aged about 20 years,
R/a. No.42, 4th Cross, Near Sugar
Mandi, Modi Road, D.J.Halli,
Bengaluru. Also R/a No.100, 3rd
Cross, Hussain Lane, D.J.Halli,
Ayodidas Nagar, Bengaluru
[By Sri. GAS-Adv.]
Vs.
2
Crl.Misc.Nos.25560/2021
25562/2021
Respondent:- State by Kothanur Police Station,
Bengaluru City
[By Public prosecutor]
COMMON ORDER
Petitioner in Crl.Misc.No.25560/2021 and petitioner in Crl.Misc.No.25562/2021 have filed these bail petitions under section-439 of the Cr.P.C., praying for granting an order of Regular bail in respect of the offences alleged under sections 392 read with Sec. 34 of the Indian Penal Code, in Crime No.78/2021 of the Respondent-Kothanur Police Station, Bengaluru.
2. Brief facts of the bail petitions are as under:-
Respondent Police have falsely implicated them in the case. They are totally innocent of the offences alleged against them. They are in judicial custody. Offence is not punishable with 3 Crl.Misc.Nos.25560/2021 25562/2021 imprisonment for life or death. They undertake to abide by any conditions that may be imposed by the court. On all these grounds, petitioners have sought for granting bail to them.
3. The objection filed by the prosecution to the petition is as under:-
The Respondent Police have registered a case in Crime No.78/2021 for the offences under sections 392 read with sec.34 of the Indian Penal Code against the Accused/petitioners and others.
Investigation is still under progress. If the petitioners are released on bail, remaining accused would not be available and they would continue to abscond. Investigation regarding the involvement of the accused persons in other cases is to be done. If the petitioners are enlarged on bail, they may again commit similar offences and destroy the prosecution 4 Crl.Misc.Nos.25560/2021 25562/2021 evidence and may abscond from trial. Hence, on these grounds, learned Public Prosecutor has sought for rejection of the bail petition.
4. Heard arguments and also perused the records.
5. In the circumstances, following points arise for determination are:-
1. Whether petitioner in Crl. Misc.
No.25560/2021 is entitled to an order of Regular Bail, as sought for?
2. Whether petitioner in Crl. Misc. No.25562/2021 is entitled to an order of Regular Bail, as sought for?
3. What order?
6. My findings to the above points are under:-
Point No.1 :- In the affirmative Point No.2 :- In the affirmative Point No.3 :- As per final order for the following:-5
Crl.Misc.Nos.25560/2021 25562/2021 R E A S O N S
7. Point Nos.1 & 2:- As per the FIR registered in Crime No.78/2021 on 06.04.2021 for the offence punishable u/s. 392 read with sec. 34 of Indian Penal Code, by the Respondent Police, at 4.40 AM in the early morning informant who is working as Food Delivery Boy in Zomato Food Delivery Company, had gone to deliver the food packet at 3rd Cross, 2nd Main, Kanakashri Layout, Bengaluru on his two wheeler, at that time, three unknown persons came and forcibly snatched his VIVO V-11 Pro Mobile phone and went away on their motorcycle.
8. Petitioners have produced certified copy of Order sheet in Crime No.78/2021, FIR, FIS, Remand application and requisition of the IO to the Court seeking permission to convert the offence as 395 instead of 392 of Indian Penal Code in the FIR. On 6 Crl.Misc.Nos.25560/2021 25562/2021 perusal of the materials, it is clear that either in the FIS or in the FIR there is no mention about the names of the accused persons. But, in the investigation based on the arrest and voluntary statement recorded by the I.O., names of the accused persons have been mentioned in the remand application. These petitioners have been arrayed as Accused No.4 and 3 respectively in the Remand application dated 19.04.2021 on their arrest on 19.04.2021. In the said remand application, it is seen that on suspicion the accused persons have been arrested. The petitioners are in judicial custody since 19.04.2021. Hence, presence of these petitioners is not required for any further investigtion in the case. Apart from that the offence is not punishable with imprisonment for life or death. Also co-accused have been granted bail by this court in Crl.Misc. 7
Crl.Misc.Nos.25560/2021 25562/2021 No.25542/2021 and 25560/2021. Hence, these petitioners are entitled for parity.
9. Having regard to the above facts and circumstances, I am of opinion that the petitioners may be enlarged on bail by imposing appropriate conditions to ensure that they do not interfere with the investigation or cause threat to the prosecution witnesses or abscond from the proceedings. Consequently, Point Nos.1 and 2 are answered in the affirmative.
10. Point No.3: On the above findings, I proceed to pass the following:-
ORDER Bail petition filed by petitioner in Crl.Misc.No.25560/2021 and Crl.Misc.No. 25562/2021 under Sec.439 of the CR.P.C are hereby allowed.8
Crl.Misc.Nos.25560/2021 25562/2021 Petitioner/Accused No.4 in Crl.Misc. No. 25560/2021 and Petitioner/Accused No.3 in Crl.Misc.No.25562/2021 respectively, in Crime No.78/2021 of Kothanur Police Station, Bengaluru, are hereby enlarged on bail for the offence under section 392 read with sec. 34 of the Indian Penal Code, subject to the following conditions:-
1) Petitioners shall not threaten the prosecution witnesses or tamper with the prosecution evidence.
2) Petitioners shall co-operate the investigation of the case.
3) Petitioners shall not abscond from the trial.9
Crl.Misc.Nos.25560/2021 25562/2021
4) Petitioners shall execute personal bond for a sum of Rs.50,000/- each with one surety like sum to the satisfaction of the Learned 11th Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru.
Keep the original of this Order in Crl. Misc.No.25560/2021 and certified copy thereof, in Crl.Misc.No.25562/ 2021.
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(Dictated to the Stenographer, transcribed by him and computerized and then corrected and pronounced by me on this the 17th day of May, 2021)
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(D.S.VIJAYA KUMAR) XXVI Addl.CC & SJ, Mayo Hall Unit Bengaluru.
10
Crl.Misc.Nos.25560/2021 25562/2021 (Common Order pronounced vide separate Common order) COMMON ORDER Bail petition filed by petitioner in Crl.Misc. No.25560/2021 and Crl.Misc.No.25562/2021 under Sec.439 of the CR.P.C are hereby allowed.
Petitioner/Accused No.4 in Crl.Misc. No. 25560/2021 and Petitioner/Accused No.3 in Crl. Misc. No.25562/2021 respectively, in Crime No.78/2021 of Kothanur Police Station, Bengaluru, 11 Crl.Misc.Nos.25560/2021 25562/2021 are hereby enlarged on bail for the offence under section 392 read with sec. 34 of the Indian Penal Code, subject to the following conditions:-
1) Petitioners shall not threaten the prosecution witnesses or tamper with the prosecution evidence.
2) Petitioners shall co-operate the investigation of the case.
3) Petitioners shall not abscond from the trial.
4) Petitioners shall execute personal bond for a sum of Rs.50,000/- each with one surety like sum to the satisfaction of the Learned 11th Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru.
Keep the original of this Order in Crl. Misc. No.25560/2021 and certified copy thereof, in Crl.Misc.No.25562/ 2021.
(D.S.Vijaya Kumar), XXVI ACC & S J, Bengaluru 12 Crl.Misc.Nos.25560/2021 25562/2021