Karnataka High Court
Mohammed Alias Mummu S/O. Ajij Jafari ... vs State Of Karnataka on 21 September, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 102498 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 102498 OF 2022
BETWEEN:
MOHAMMED @ MUMMU,
S/O. AJIJ JAFARI @ IRANI,
AGE: 38 YEARS,
OCC. AGRICULTURE AND
COOLIE,
R/O. LONI KALBHOR,
PATTARE ONI,
HAVELI, PUNE-412201.
...PETITIONER
(BY SRI. R.M.JAVED, ADVOCATE)
AND:
STATE OF KARNATAKA,
MUDALGI P.S.,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH AT DHARWAD,
DHARWAD-581105.
...RESPONDENT
(BY SMT. GIRIJA S.HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C., SEEKING TO ALLOW THE PETITION AND ENLARGE
THE PETITIONER/ACCUSED ON BAIL IN CONNECTION WITH
MUDALGI P.S. CRIME NO.107/2002 FOR THE OFFENCE
PUNISHABLE U/S 420 OF IPC.
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CRL.P No. 102498 of 2022
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT, MADE THE FOLLOWING:
ORDER
This petition is filed by the sole accused under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.107/2022 of Mudalgi Police Station, registered for the offence punishable under Section 420 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity).
2. The case of the prosecution is that, one Vishwanath Arun Pattar has filed complaint on 28.06.2022 against the unknown person alleging that he is running a jewelry shop along with his father at Mudalgi and on 09.06.2022 one person entered his shop and was talking in Hindi language and he made a request to show earrings of different designs. The complainant placed 4 boxes of earrings before him. After sometime, the said -3- CRL.P No. 102498 of 2022 person left the shop saying that he will come back later. The complainant while re-arranging the jewelry boxes noticed that one of the boxes of earring weighing 50 gms. worth Rs.2,50,000/- was missing. He verified the same from CCTV installed at his shop and tried to search the said person but, couldn't secure him. It is thereafter, on 28.06.2022 he filed complaint against the unknown person. The said complaint came to be registered in Crime No.107/2022 of Mudalgi Police Station for the offence punishable under Section 420 of IPC. The petitioner came to be arrested in Hukkeri Police Station under Crime No.123/2022 and he has been secured under body warrant on 15.07.2022 and he is in judicial custody. The petitioner filed Criminal Misc. No.8129/2022 seeking bail and the same came to be rejected by the learned XII Additional Sessions Judge, Belagavi sitting at Gokak by order dated 20.08.2022. -4- CRL.P No. 102498 of 2022 Therefore, the petitioner is before this Court seeking bail.
3. Heard the arguments of the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State.
4. The learned counsel for the petitioner would contend that the alleged incident occurred on 09.06.2022 and the complaint came to be filed on 28.06.2022 and there is delay in filing the complaint. It is his further submission that the petitioner is in judicial custody since 5.07.2022 and therefore, he is not required for custodial interrogation. With this, he prayed for allowing the petition.
5. Per contra, learned High Court Government Pleader would contend that the investigation is still in progress. There is a -5- CRL.P No. 102498 of 2022 recovery of stolen article from the petitioner. The petitioner is involved in another crime registered in Crime No.123/2022 of Hukkeri Police Station for the offences punishable under Sections 379 and 420 of IPC. If the petitioner is granted bail, he will hamper the investigation and tamper the prosecution witnesses and flee from justice. There are chances of he committing similar offence. The petitioner is resident of Maharashtra and if he is granted bail, he will flee and will not be available for trial. With this, she prayed to reject the petition.
6. Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader, this Court has gone through the averments of the complaint, FIR, remand application and order passed by the Sessions Court.
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7. The accusation against this petitioner is that he entered the jewelry shop of the complainant on 09.06.2022 under the guise of purchasing golden earring and after sometime he went back without purchasing golden earring and the complainant found one earring box missing which contains earring weighing 50 gms. worth Rs.2,50,000/-. The petitioner came to be arrested on 5.07.2022 in Hukkeri Police Station Crime No.123/2022 for the offences punishable under Sections 379 and 420 of IPC. In the said case, his voluntary statement has been recorded wherein, he has stated he committing theft in the shop of this complainant. This petitioner has been secured under body warrant on 15.07.2022 and he has been handed over to Police for judicial custody and he has shown the shop of the complainant stating that he committed theft in the said shop and mahazar has been drawn in that regard. -7- CRL.P No. 102498 of 2022
8. The learned HCGP submits that there is recovery of stolen golden earring at the instance of this petitioner. The petitioner is involved in another case in Hukkeri Police Station for similar offence. The investigation is still in progress. The Investigating Officer has to ascertain regarding the involvement of this petitioner in other case. The petitioner is resident of Maharashtra and if he is granted bail, it is difficult to secure his presence for trial. The offence alleged against the petitioner is punishable with imprisonment for 7 years. The petitioner has not made out any grounds for grant of bail. Hence, the petition is dismissed.
Sd/-
JUDGE RH