Karnataka High Court
Fazi Shariff (A-2) vs The State Of Karnataka on 27 March, 2015
Author: A.V.Chandrashekara
Bench: A. V. Chandrashekara
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF MARCH 2015
BEFORE
THE HON'BLE MR.JUSTICE A. V. CHANDRASHEKARA
CRIMINAL PETITION NO.946/2015
BETWEEN:
FAZI SHARIFF (A-2)
S/O AKHIL PASHA
AGED ABOUT 20 YEARS
R/O 1061/1, OPP: FAIR PRINCE SHOP
DODDI ROAD, KUVEMPU NAGAR
MYSURU CITY
(HIS CORRECT PLACE OF RESIDENCE
IS KUVEMPUNAGAR, HASSAN)
PIN CODE-573 201. ... PETITIONER
(BY SRI.G.SURESH, ADV.)
AND:
THE STATE OF KARNATAKA BY
KUVEMPU NAGAR POLICE STATION,
MYSURU CITY,
MYSURU DISTRICT
PIN CODE-570 023. ... RESPONDENT
(BY SRI.B.J.ESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S. 439 CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CRIME NO.262/14
-2-
OF KUVEMPUNAGAR POLICE STATION, MYSURU CITY,
FOR THE OFFENCES P/U/S 394, 397 OF IPC.
THIS CRIMINAL PETITION IS COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioner and the learned Government Pleader.
2. Petitioner is accused No.2 in a criminal case bearing Crime No.262/14 on the file of Kuvempunagar Police Station, Mysuru City. The offences alleged against him are punishable under Sections 394 and 397 of IPC. The petitioner has been in judicial custody since four months.
3. A case is registered on the basis of first information lodged by Smt.Gowri Bhaskar on 17.12.2014. As could be seen from the first information, this petitioner and another person barged into the house of the complainant forcibly and held both the first informant and her maid servant, demanded for jewelry and caused injuries to her. According to the first -3- informant, an attempt was made to rob the valuables. She struggled hard with both of them and ultimately came out of the house and screamed loudly. After hearing her screaming sound, the public caught hold of accused No.2-petitioner herein.
4. What is argued before this Court by the learned Government Pleader is that prima facie case is forthcoming against the accused regarding attempt to commit theft in the house of the first informant and it is too premature to disbelieve the same. He has relied on the report submitted by ASI who came there on receiving telephonic information from the control room.
5. After perusing the further statement of Smt.Gowri Bhaskar recorded on the same day, it is seen that she has suspected the hand of one Sameer Khan in having sent these two people for dacoity. The main person at whose instance -4- the alleged attempt to commit dacoity took place has already been released on bail by the learned Sessions Judge, Mysuru in Crl.M.No.2282/14. Any how nothing has been recovered at the instance of this petitioner. It is not the case of the complainant that some jewels were robbed from her house.
6. The learned counsel for the petitioner submits that the petitioner is having deep roots in the society, he is permanent resident of Hassan and further he undertakes to obey any of the condition imposed on him.
7. In this view of the matter, the apprehension of the learned Government Pleader could be allayed by imposing proper conditions. Hence, I pass the following:
ORDER In the result, the petition is allowed subject to following conditions: -5-
I. The petitioner shall execute bond for a sum of Rs.1,00,000/- (Rupees one lakh only) and shall offer a surety for the like sum to the satisfaction of jurisdictional Court.
II. The petitioner shall not intimidate or tamper the prosecution witnesses, directly or indirectly. III. The petitioner shall attend the concerned Court regularly.
IV. The petitioner shall not involve himself in any criminal activities.
V. The petitioner shall attend the respondent -
Police Station on every second Sunday between 9.00 and 5.00 p.m. till the case registered against him is disposed of.
VI. Violation of any one of the above conditions, would enable the prosecution to seek cancellation of bail.
Sd/-
JUDGE RS/*