Karnataka High Court
Imran Aliyas Akshay S/O Mohammed Rafiq vs The State Of Karnataka on 12 October, 2023
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NC: 2023:KHC-D:12344
CRL.P No. 102622 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 12TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL PETITION NO.102622 OF 2023
BETWEEN:
IMRAN ALIYAS AKSHAY,
S/O MOHAMMED RAFIQ,
AGE: 33 YEARS, OCC: BUSINESS,
R/O ABDUL SALAM STREET,
COWL BAZAR, BALLARI-583201.
...PETITIONER
(BY SRI. ANWAR BASHA B., ADVOCATE)
AND:
THE STATE OF KARNATAKA
(THROUGH COWL BAZAR P.S. BALLARI)
REP. BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA
AT DHARWAD-580001.
ANNAPURNA ...RESPONDENT
CHINNAPPA
DANDAGAL
(BY SMT.GIRIJA S.HIREMATH, HCGP)
Digitally signed
by ANNAPURNA
CHINNAPPA
DANDAGAL
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF
CR.P.C. SEEKING TO ALLOW THIS PETITION AND ENLARGE
THE PETITIONER/ACCUSED NO.7 ON REGULAR BAIL IN CRIME
NO.132/2023 REGISTERED BY COWL BAZAR P.S. BALLARI FOR
THE OFFENCES P/U/SEC. 87 OF KARNATAKA POLICE ACT AND
353, 332 OF IPC AND SEC. 25(1A) OF ARMS ACT, 1959
PENDING ON THE FILE OF II ADDL. CIVIL JUDGE (JN.DN.) AND
JMFC COURT BALLARI.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC-D:12344
CRL.P No. 102622 of 2023
ORDER
Petitioner who is arraigned as accused No.7 has filed this petition u/sec.439 of Code of Criminal Procedure (for short, 'Cr.P.C.') to grant him bail in Crime No.132/2023 of Cowlbazar Police Station for the offences punishable U/sec.87 of the Karnataka Police Act, 1963 (for short, 'K.P. Act'), Sections 353, 332 IPC and Sec.25(1A) of Arms Act.
2. In support of his petition, petitioner has stated that he is innocent and law abiding citizen. He has not at all committed the alleged offences. He has been falsely implicated. Petitioner is a businessman. Initially when the complaint was filed, there are no allegations with regard to the offences punishable u/secs.353, 332 IPC and Sec.25(1A) of Arms Act. Later on they have been included to make the case against the petitioner severe. Petitioner is ready and willing to abide by any conditions that may be imposed and offer substantial surety to the satisfaction of the trial Court and prays to allow the petition. -3-
NC: 2023:KHC-D:12344 CRL.P No. 102622 of 2023
3. Learned High Court Government Pleader submitted oral objections stating that on 06.08.2023 at 2.00 p.m. complainant who is working as a Probationary Dy.S.P. was on rounds along with her staff. She received credible information regarding some persons playing cards (Andar-Bahar). After securing the presence of independent witnesses (panchas), they proceeded to the spot and watched from a distance and found total 7 persons playing cards. On sighting them, accused No.7 ran away, however they managed to apprehend accused No.1 to 6. From the possession of accused No.1 to 6, cash and other incriminating articles were seized.
3.1 Based on the complaint, case was registered in N.C.No.42/2023 for the offence punishable u/sec.87 of K.P. Act. After securing the permission of the jurisdictional Magistrate, case was registered in Crime No.132/2023. On 09.08.2023, a further statement of complainant was recorded, wherein she has disclosed the fact that petitioner/accused No.7 was holding a sword and when complainant and others tried to apprehend him, he -4- NC: 2023:KHC-D:12344 CRL.P No. 102622 of 2023 brandished the sword and pushed the complainant and ran away. On account of the petitioner pushing the complainant, she fell down and sustained injuries on her right elbow, back of the neck and waist. She took treatment at VIMS Hospital. Based on her further statement, a report was submitted on 09.08.2023 to include the offences u/sec.353, 332 IPC and Section 25(1A) of the Arms Act so far as petitioner is concerned.
3.2 After conducting detailed investigation, charge sheet is filed on 09.10.2023 for the offence punishable u/sec.87 of the K.P. Act as against accused No.1 to 7. Additional charges for the offences punishable 353, 332 IPC and Sec.25(1A) of Arms Act are included as against accused No.7. Petitioner is a rowdy sheeter and another case in Crime No.133/2022 is pending against him for the offences punishable u/sec.323, 324, 341, 504, 506, 109 r/w/s 34 IPC. In the event of releasing him on bail, he may threaten or tamper with the prosecution witnesses. He may also abscond and prays to reject the petition. -5-
NC: 2023:KHC-D:12344 CRL.P No. 102622 of 2023
4. Heard arguments and perused the record.
5. Thus it is the specific case of the prosecution that on 06.08.2023 on receipt of credible information when the complainant and staff went to the spot, they found accused No.1 to 7 involved in playing cards (Andar-Bahar). However when they tried to apprehend them, accused No.7 managed to run away by showing a sword and pushing the complainant. However accused No.1 to 6 were arrested and they were brought to the police station and investigation was commenced. At the first instance when the complaint was filed, though the fact of petitioner having managed to run away from the spot is forthcoming, the allegations that he brandished the sword and pushed the complainant is not forthcoming.
6. However during further statement, the said allegation is made based on which the offences punishable u/sec.353, 332 IPC and Sec.25(1A) of Arms Act is included as against petitioner. Petitioner is arrested on 23.08.2023. Now investigation is completed and charge sheet is filed. -6-
NC: 2023:KHC-D:12344 CRL.P No. 102622 of 2023 Already accused No.1 to 6 are granted bail. Having regard to the fact that already investigation is completed and charge sheet is filed, no longer custodial presence of the petitioner would be required for investigation. Though the alleged offences u/sec. 353, 332 IPC are non-bailable, they are not exclusively punishable with death or imprisonment for life. Ofcourse, the apprehension of the prosecution that petitioner may threaten or tamper with the witnesses is reasonable, it may be overcome by imposing stringent conditions.
7. For the above reasons, this Court is of the considered opinion that the petitioner is entitled for bail and accordingly, the following:
ORDER Petition is allowed.
Petitioner/accused No.7 is released on bail in Crime No.132/2023 of Cowlbazar Police Station for the offences punishable U/sec.87 of the K.P. Act, Sec.353, 332 IPC and Sec.25(1A) of -7- NC: 2023:KHC-D:12344 CRL.P No. 102622 of 2023 Arms Act (on the file of II Addl.Civil Judge (Jr.Dn.) and J.M.F.C., Ballari), subject to following:
CONDITIONS
a) The petitioner/accused No.7 shall execute a personal bond in a sum of Rs.50,000/- with two sureties for the like-sum.
b) Petitioner/accused No.7 shall furnish his residential address proof and shall inform the investigating officer/Court if there is any change in the address.
c) Petitioner/accused No.7 shall not tamper with the prosecution witnesses either directly or indirectly.
d) Petitioner/accused No.7 shall not indulge in any criminal activities.
e) Petitioner/accused No.7 shall be regular in attending the Court proceedings.
Sd/-
JUDGE CLK