Karnataka High Court
Shabuddin S/O Mahboob Sab vs The State Of Karnataka Through Sirwar ... on 20 January, 2014
1
IN THE HIGH COURT OF KARNATAKA
GULBARGA BENCH
DATED THIS THE 20TH DAY OF JANUARY, 2014
BEFORE
THE HON'BLE MR. JUSTICE B V PINTO
CRL.PETITION No.200006/2014
BETWEEN
SHABUDDIN S/O MAHBOOB SAB
AGE: 40 YRS, OCC: ELECTRICAL WORKS
R/AT WARD NO.1 SIRWAR,
TALUK MANVI.
...PETITIONER
(BY SRI. ISHWARAJ.S.CHOWDAPUR, ADVOCATE)
AND:
THE STATE OF KARNATAKA
(THROUGH SIRWAR POLICE STATION)
REPRESENTED BY ADDL.STATE
PUBLIC PROSECUTOR, BENCH
GULBARGA.
...RESPONDENT
(BY SRI. S.S.ASPALLI, HCGP)
THIS CRL.P. IS FILED UNDER SECTION 438 OF
CR.P.C PRAYING TO RELEASE THE PETITIONER ON BAIL
IN THE EVENT OF HIS ARREST IN CRIME NO.201/2013 OF
SIRWAR POLICE STATION PENDING BEFORE THE JMFC,
MANVI WHICH IS REGISTERED FOR THE OFFENCE
P/U/S/ 489-B, 420, 465, 468, 471, 258, 260 OF IPC.
2
THIS PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed U/S. 438 of Cr.P.C., seeking anticipatory bail in Crime No. 201/2013 of Sirwar Police Station registered on 19.12.2013 for the offences punishable under Sections 489-B, 420, 465, 468, 471, 258, 260 of IPC.
2. It is the case of the complainant, who explains himself as a social worker that the accused had created forged e-stamp papers and had executed the agreements with said stamp papers in respect of the new electrical connections given to the house of citizens and in this way cheated the Government.
3. Sri Ishwaraj.S.Chowdapur, learned Counsel for the petitioner submits that he has kept the petitioner present before the Court as per the direction issued by this Court under Section 438 (1B) of Cr.P.C. The 3 petitioner is present before the Court and learned counsel for the petitioner submits that the petitioner may be enlarged on bail and that he would co-operate with the police during investigation.
4. Sri S.S.Aspalli, learned HCGP, on the other hand strenuously opposes the application for bail on the ground that custodial interrogation of the petitioner is required to find out the source of all the stamp papers and also to find out whether the petitioner has been manufacturing fake stamp papers.
5. On a careful consideration of the seriousness of the offence involved and also having regard to the question on liberty of the petitioner the following order is made;
ORDER The petition filed by the petitioner is allowed conditionally on the following conditions. 4
i) The petitioner shall be enlarged on bail in the event of his arrest in Crime No.201/2013 of Sirwar police station on his executing a personal bond in a sum Rs.25,000/- (Rupees Twenty Five Thousand Only) with one surety for the likesum to the satisfaction of the arresting police officer.
ii) The petitioner shall surrender before the police station within 10 days from today.
iii) The investigation officer shall take the petitioner into custody and subject him for interrogation for a period of three days and on the said days petitioner is required to be in the police custody between 8.00 a.m. and
6.00 p.m. only.
iv) The investigation officer is at liberty to file an application for further custody, if so required before the jurisdictional magistrate and the jurisdictional magistrate shall pass 5 appropriate orders granting further custody after going through the papers and investigation so far made.
v) The petitioner shall appear before the jurisdictional Magistrate and file an application for regular bail within 15 days from the date of his release from the police station.
vi) The learned magistrate is directed to dispose of the said application considering the merits of the case without being influenced by this order in accordance with law.
vii) This order shall be in force till the disposal of the said bail application by the learned Magistrate.
Sd/-
JUDGE msr