Karnataka High Court
Sadiq S/O. Meerasab Mulla vs The State Of Karnataka on 27 February, 2012
IN THE HIGH COURT OF KARNATAKA
CIRCUiT BENCH AT DHARWAD
DATED THIS THE 27TF1 DAY OF FEBRUARY 2012
BEFORE
RAYANA
THE HON'BLE MR.JUSTICE K.N.KESHAVANA
CRIMINAL PETITION NO.10153/2012
BETWEEN:
Sadiq S/o Meerasab Mulla,
Aged 27 years,
0cc: Medical representative,
R/o CCB 736, Ward No.44,
7th Cross, Azam nagar,
Belgaum
District Belgaum. ... Petitioner
(By Shri.Ramachandra Mali, Advobate]
AND:
The State of Karnataka,
Rep. By APMC Police Station,
Belgaum
Now rep. by SPP
High Court of Karnataka Building,
Circuit Bench,
Dharwad. ... Respondent
[By Shri.Anand K. Navalgimath, HCGP]
438 of
This Criminal Petition is filed under Section
enlarge the
the Code of Criminal Procedure seeking to
st by APMC
petitioner on bail in the event of his arre
e No.88/08
Police, Belgaum in connection with Crim
2
(C.C.No.1204/2008) on the file of JMFC-W Court,
Belgaum registered for the offences punishable under
Sections 153-A, 153-B, 120-B, 124-1, 147, 511 of IPC
and Sec. 15 nw 18 of Unlawful Activities Act and U/S 4
and 5 of Explosive Substance Act, etc.
This Criminal Petition is coming on for orders, this
day, the Court made the following: -
ORDER
In this petition filed under Section 438 of Cr.P.C., the petitioner herein who has been arraigned as accused No.3 in the split up charge sheet registered in C.C.No.1204/2008 on the file of the JMFC-IV Court, Belgaum has sought for the relief of anticipatory bail, apprehending his arrest by the respondent - police in connection with the said case.
2. The petitioner along with others alleged to have committed offences punishable under Sections 153-A, 153-B, 120-B, 124(1), 147, 511 of IPC, Section 15 read with Section 18 of the Unlawful Activities Act and under Sections 4 & 5 of the Explosive Substance Act. The jurisdictional police registered the case in Crime No.88/2008 against in all fifteen persons for the aforesaid offences and after completing the 3 a investigation, charge sheet came to be filed by showing this petitioner as absconding. When the matter was pending before the Committal Court, in spite of issuance of non-bailable warrants, the petitioner was not traced, therefore the case against this petitioner and two others was ordered to be split up and split up charge sheet came to be registered against this petitioner in C.C.No.1204/2008 while the case against other accused persons was committed to the Court of Sessions in S.C.No.271/2008. The said Sessions case appears to have ended in acquittal by the judgment dated 08.11.2011. Thereafter, this petitioner approached the learned Sessions Judge seeking relief of anticipatory bail mainly on the ground that since several of the accused persons have already been acquitted there are no reasonable grounds to believe that he is guilty of the alleged offences. However, the learned Sessions Judge rejected the said petition. Therefore, the petitioner is before this Court. 4
3. The petition is opposed by the respondent- State.
4. 1 have heard both sides and perused the records.
5. No doubt, the petitioner is accused of having committed non-bailable offences. Therefore his apprehension that he is likely to be arrested is well founded, However, the facts and circumstances of the case indicates that the petitioner herein was not available to the investigating agency during the investigation of the case and subsequently also he was not available to the process of the Court. Therefore, the Court was compelled to split the case against this petitioner. Under these circumstances, the petitioner appears to be not a law abiding citizen. Therefore, it is not in the interest of justice to grant the discretionary relief of anticipatory bail to the petitioner merely on the ground that some of the accused who took their trial before the Sessions Court have already been acquitted. It is open to the petitioner to surrender before the Magistrate and seek the necessary relief. In this view of the matter. I find no ground to grant the relief of anticipatory bail.
6. Therefore the petitioner is rejected.
Sd/ JUDGE RS / *