Karnataka High Court
Suhail Ahmed vs The State Of Karnataka on 6 January, 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JANUARY, 2020
BEFORE
THE HON'BLE MR.JUSTICE B.A. PATIL
CRIMINAL PETITION NO.8769/2019
BETWEEN:
Suhail Ahmed
S/o Peer Ahmed
Aged about 24 years
R/o. 2nd Cross, Tippunagar,
Shivamogga-577 201.
...Petitioner
(By Sri K.V.Sateesh Chandra, Advocate)
AND:
The State of Karnataka
by Doddapete Police Station
Shivamogga-577 201
Represented by State Public Prosecutor
Karnataka High Court Building
Bengaluru-560 001.
...Respondent
(By Sri Showri H.R., HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C praying to enlarge the petitioner on bail in
CR.No.410/2018 registered by Doddapete Police
Station, Shivamogga for the offences punishable under
Sections 143, 147, 384, 511, 307, 507, 120(B), 114 and
109 r/w 149 of IPC and Sections 25 and 27 of Indian
Arms Act and Section 3 of KCOCA Act.
-2-
This Criminal Petition coming on for Orders this
day, the Court made the following:
ORDER
The present petition has been filed by the petitioner/accused No.5 under Section 439 of Cr.P.C., to enlarge him on bail in Crime No.410/2018 (Spl. C.C. No.893/2018) of Doddapete Police Station for the offences punishable under Sections 143, 147, 384, 511, 307, 120B, 114, 109 read with Section 149 of IPC and Sections 25 and 27 of Indian Arms Act, 1959 and also Section 3 of Karnataka Control of Organized Crime Act, 2000 (hereinafter referred as 'KCOC Act').
2. I have heard the learned counsel for the petitioner/accused No.5 and the learned High Court Government Pleader for respondent-State.
3. The factual matrix of the case of the prosecution are that the charge sheet papers discloses that Mr.Kaleem Pasha, the complainant is doing real -3- estate business. He has lodged the complaint stating that three months prior to lodging of the complaint he received a telephone call from an unknown caller bearing No.8747069459 threatening him that the said person has given supari to kill the complainant and demanded a sum of Rs.20 lakhs in that regard. The complainant told him to send his men to see whether he can pay the said amount. Thereafter, for a period of one month, there was no phone call from the said person. Again after one month, the complainant once again received the same type of call from the same person, who threatened him stating that the complainant has purchased lot of agricultural lands and therefore, he has to pay money to the said person. He called the complainant to come to Gopalapuradal road in Shivamogga, but the complainant did not go. After four days, i.e., on 17.04.2018, some persons came near the house of the complainant and damaged the glass of the car of one Abdul Rab, who is friend of complainant, -4- which was parked in front of the house of complainant. In this context, a complaint came to be lodged specifically alleging that on 03.06.2018 at about 9.40 p.m., he received a telephone call from mobile No.7624899969 to the mobile of the complainant introducing him as Mujju and asked the complainant to come near Ayodhya Hotel at Shivamogga, for which the complainant told that he is in Gengaluru and disconnected the call. After 15 minutes, again he received a call and he told that their persons are watching the movements of the complainant and they will enter the house of the complainant. On the next day at about 4.00 a.m., again the complainant received the telephone call from the same number and asked the complainant as to what he is doing. The complainant replied that he is preparing to go to Mosque for doing Namaz. Then the said person told him that some persons had already come near his house to kill him. The complainant came out of the house and found two -5- persons on a motorcycle covering their face with a towel and they fired towards the complainant. The bullet fell on the gate of the complainant and thereafter, they went away from the spot. Again the complainant received the call from the same person and informed that he got escaped on that day and on the next attack he would definitely be finished if he does not pay the amount. Accordingly, the complaint came to be filed.
4. It is the submission of the learned counsel for the petitioner/accused No.5 that earlier he has approached this Court when investigation was still pending. Now, the investigation has been completed and the charge sheet has been filed. It is further submitted that his name has not been shown in the complaint at an earliest stage subsequently, his name has been included. Further it is submitted that accused Nos.1 to 4, 6 to 8 and 10 have approached this Court and already this Court by exercising the power under -6- Section 439 of Cr.P.C. has released the above said accused persons. On the ground of parity, petitioner/accused No.5 is also entitled to be released on bail. It is further submitted that no serious allegations have been made and only one case has been registered as against petitioner/accused No.5. In that light he submits that the provisions of KCOC Act are also not made applicable to the petitioner/accused No.5. Further it is submitted that he is ready to abide by the conditions that may be imposed on him by this Court and ready to offer surety. On these grounds, he prayed to allow the petition and to release the petitioner/accused No.5 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused No.5 has conspired with other accused persons and he was also watching the movements and informing the same to the other -7- accused persons. It is further submitted that earlier petitioner/accused No.5 has approached this Court and this Court by considering the materials placed on record, on its merits, the case has already dismissed and now no new grounds have been made out. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and submissions made by the learned counsel appearing for both the parties and perused the records.
7. On going through the records, the co-ordinate bench of this Court while considering Crl.P. No.5816/2019, has discussed in detail with regard to the applicability of KCOC Act and other provisions. Even the offences alleged as against the petitioner/accused No.5 is not punishable with death or imprisonment for life and accused Nos.1 to 4, 6 to 8 and 10 have already been released on bail by this Court as -8- well as the co-ordinate bench. Taking into consideration of the similar facts and circumstances of the fact, on the ground of parity, petitioner/accused No.5 is also entitled to be released on bail. Accordingly, petition is allowed.
8. Petitioner/accused No.5 is enlarged on bail in Crime No.410/2018 (Spl. C.C. No.893/2018) of Doddapete Police Station for the offences punishable under Sections 143, 147, 384, 511, 307, 120B, 114, 109 read with Section 149 of IPC and Sections 25 and 27 of Indian Arms Act, 1959 and also Section 3 of Karnataka Control of Organized Crime Act, 2000 subject to the following conditions:
1. Petitioner/accused No.5 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not tamper with the prosecution evidence directly or indirectly.-9-
3. He shall not leave the jurisdiction of the concerned Court without prior permission.
4. He shall be regular in attending the trial on all the dates of hearing.
5. He shall mark his attendance on the first date of every month between 10:00 a.m. and 5:00 p.m. till the trial is concluded.
6. He shall not indulge in similar type of criminal activities during pendency of the trial.
Sd/-
JUDGE VBS