Karnataka High Court
Ashok N A vs State Of Karnataka on 26 November, 2014
Author: A.V.Chandrashekara
Bench: A.V.Chandrashekara
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 26TH DAY OF NOVEMBER 2014
BEFORE
THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA
CRIMINAL PETITION NO.5008/2014
C/W
CRIMINAL PETITION NO.5602/2014
CRIMINAL PETITION NO.6208/2014
IN CRIMINAL PETITION NO.5008/2014
BETWEEN:
ASHOK N A
S/O ANNAIAH N N
AGED ABOUT 40 YEARS,
R/AT D.NO.1054,
SARVAJANIKA HOSTEL ROAD,
VIDYARANYAPURAM,
MYSORE-570 101
(NOW IN JUDICIAL CUSTODY
CENTRAL PRISON,MYSORE)
... PETITIONER
(By Sri: HASHMATH PASHA, ADV.)
AND:
STATE OF KARNATAKA
BY YELAWALA POLICE STATION,
MYSORE DISTRICT-570 101
(REPRESENTED BY LEARNED
STATE PUBLIC PROSECUTOR)
... RESPONDENT
(By Sri: K. NAGESHWARAPPA, HCGP)
2
CRL.P FILED U/S.439 CR.P.C BY THE ADVOCATE
FOR THE PETITIONER PRAYING THAT THIS HON'BLE
COURT MAY BE PLEASED TO ENLARGE THE PETR. ON
BAIL IN CRIME NO.72/14 OF YELAWALA P.S., MYSORE
DIST., FOR THE OFFENCES P/U/S 395, 120(B), 411 OF IPC
AND SEC.13(1)(C) R/W SEC. 13(2) OF PREVENTION OF
CORRUPTION ACT 1988 AND ETC.
IN CRIMINAL PETITION NO.5602/2014
BETWEEN
1. SHARIFF P S
S/O MR USMAN
AGED ABOUT 34 YEARS
R/A DOOR NO.39
KODAGARAHALLI
SUNTTIKOPPA TALUK
COORG DISTRICT -571237
2. E M MUSTHAQ
S/O AJEEJ
AGED ABOUT 38 YEARS
R/A BAPOOJINAGAR
MARKET ROAD
KUSHALANAGAR
COORG DISTRICT-571234.
(1 & 2 NOW IN JUDICIAL CUSTODY)
... PETITIONERS
(By Sri: MATHEW P M, ADV.)
AND:
STATE OF KARNATAKA BY
YELAWALA POLICE STATION
YELWALA
MYSORE DIST-571130.
... RESPONDENT
(By Sri: K. NAGESHWARAPPA, HCGP)
3
CRL.P FILED U/S. 439 CR.P.C BY THE ADVOCATE
FOR THE PETITIONERS PRAYING THAT THIS HON'BLE
COURT MAY BE PLEASED TO ENLARGE THE PETRS. ON
BAIL IN S.C.NO.271/2014 ON THE FILE OF THE SESSIONS
JUDGE, MYSORE, FOR THE OFFENCES P/U/S 395, 120(B),
411 OF IPC AND SEC. 13(1)(c) R/W SEC. 13(2) OF
PREVENTION OF CORRUPTION ACT, 1988 AND ETC.
IN CRIMINAL PETITION NO.6208/2014
BETWEEN
SRI. SATISH
S/O LATE.NAGARAJA,
AGED ABOUT 38 YEARS,
R/A DOOR NO.211, "A" BLOCK,
POLICE QUARTERS, JALAPURI,
NAZARBAD MOHALLA,
MYSORE-570024.
... PETITIONER
(By Sri: JAGADEESH C M, ADV.)
AND:
STATE OF KARNATAKA
BY YELWALA POLICE STATION,
MYSORE DISTRICT,
REPRESENTED BY
PUBLIC PROSECUTOR,
STATE OF KARNATAKA,
HIGH COURT BUILDING,
BANGALORE-560001.
... RESPONDENT
(By Sri: K. NAGESHWARAPPA, HCGP)
A CRL.P FILED U/S.439 CR.P.C BY THE ADVOCATE
FOR THE PETITIONER PRAYING THAT THIS HON'BLE
COURT MAY BE PLEASED TO ENLARGE THE PETR. ON
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BAIL IN S.C.NO.271/14 ON THE FILE OF THE III ADDL.
DIST. AND S.J., MYSORE, FOR THE OFFENCES P/U/S 395,
120(B), 411 OF IPC. AND SEC. 13(1)(C) R/W SEC.13(2) OF
PREVENTION OF CORRUPTION ACT, 1988 AND ETC.
THESE PETITIONS HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 7.11.2014 COMING ON
FOR PRONOUNCEMENT OF ORDERS THIS DAY,
A.V.CHANDRASHEKARA, J., MADE THE FOLLOWING:
ORDER
These petitions are filed under Section 439 of Cr.P.C. seeking regular bail in respect of a case registered against the petitioners in Cr.No.72/2014 by Yelawala Police, Mysore. Offences are punishable under Sections 395, 120(B), 411 of IPC and Section 13(1)(c) r/w Section 13(2) of Prevention of Corruption Act, 1998.
2. Accused No.2 is the petitioner in Crl.P.5008/2014, accused No.9 and 10 are the petitioners in Crl.P.5602/2014 and accused No.1 is the petitioner in Crl.P.6208/2014. They have been in judicial custody.
3. Case of the prosecution as set out in the Charge Sheet filed in as follows:-
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CW-1, Sainulabhdeen, CW-3, Sainudheen and CW-4, Salikoyithangal had sold their respective customs paid gold at Bangalore. On 04.01.2014 Rs.60,00,000/- belonging to CW-1, Rs.1,17,00,000/- belonging to CW- 3, Rs.30,00,000/- belonging to CW-4 and Rs.20,00,000/- of CW-5-Abdul Rahim in all a sum of Rs.2,27,00,000/- had been kept in six bundles. These bundles were handed over to CWs-7 and 8 namely Akhtar and Muneer, the driver and cleaner respectively of a private Bus No.KA-01 AA 2793 to safely transport it to Calicut in Kerala. CWs 7 and 8 had kept the said amount in a safe box on the left side of the bus and the said bus departed from Bangalore to Calicut on the night of 03.01.2014. It was expected to go via Srirangapatna and Yelavala in Mysore Taluq.
Accused No.8, Saleem PA who is absconding was running illegal cards game called "Andar Baahar" in his coffee estate and several persons from Karnataka and neighbouring state of Kerala used to come in order to play Andar Baahar card game and accused No.11 6 Joseph was one such person. The said Joseph had told accused No.8 that gold merchants will transport huge money from Bangalore to Kerala in buses and if such buses are raided, huge amount of money would be got. Hence, he requested CW-8 to talk to few police people so as to conduct raid and get huge money and thereafter the booty could be shared. He had assured him of providing correct information about the money that would be transported in the buses.
Then CW-8 talked to accused No.5-Prakash a gunman at Mysore I.G of Police who in turn talked to his superiors and arranged for a raid under the leadership of PSI, Jagadeesh of Mysore South Police Station. Then he took accused No.9 Sheriff and absconding accused No.11, Head Constable and held tasks with accused No.5 in a tea stall near the office of Dy.S.P (Crime Branch) Rural, Mysore and hatched a conspiracy to stop the above private bus near Yelewala of Mysore Taluq.7
In this connection the help of accused No.10 Mushtaq was taken by accused No.9 and accused No.10 was sent to Bangalore to travel in the Kalpakam bus No. KA-01-AA-2793 from Kalasipalya bus stand and accordingly he got into the bus as a traveler from Bangalore to Calicut and started giving information about the movement of the bus and the money being kept safely in the safe position on the left side of the bus and this information was being given to Police officials i.e., accused No.1 and 3 over their mobile phones. After receiving this information accused No.1 sent accused No.9 in his Toyota Qualis car from Mysore to Srirangapatna in order to follow the bus upto Yelewala and to give message about the exact movement of the bus. Accordingly, accused No. 9 gave information to accused Nos.1 and 3 about the movement of the bus from Srirangapatna to Yelewala and on this information, accused PSI, Jagadeesh accompanied by police staff i.e., accused Nos.1 to 3, 5 to 7 had put barricade near Yelewala Police Station and stopped the said bus at 8 about 1.30 a.m. on the early morning of 04.01.2014 and then he directed all the passengers to get down from the bus on the ground they wanted to check the bus as they had received information about transportation of drugs and arms illegally. After the passengers got down from the bus, the driver and cleaner i.e., CWs 7 and 8 were asked to open the left side dicky. After it was opened, they took all the bundles containing notes and showed the recovery of Rs.20,00,000/- only and after coming to Police Station a case was registered against CWs 7 and 8 under Section 41(d) and 102 of Cr.P.C. in Cr.No.1/2014 of Yelewala P.S. It is alleged that the said raid so conducted by accused Nos.1 to 7 was only a make believe show and not an official act of checking the vehicle, but an indirect robbery done by using the official dress in collusion with accused Nos.8 to 11. Hence, offences alleged against the accused are punishable under Section 395, 120(B), 411 of IPC and Section 13(1) (C) R/W Section 13(2) of prevention of Corruption Act-1988. 9
In the charge sheet, 117 persons have been cited as witnesses and phone call details of all the accused relating to the offence in question have been collected and they form part of the records. Case in Crl.P.No.1/2014 came to be registered on the basis of the report submitted and accused No. 4-Jagadeesh. the PSI. It is alleged that CWs 7 and 8 were unauthorizedly carrying Rs.20,00,000/- in their bus and they did not account for the same properly.
Later on, CW-1 Sainuldheen gave a detailed complainant to SP of Mysore Rural about the act of the accused in robbing CWs.7 and 8 of Rs.2,07,00,000/- under the guise of registering a case. After handing over the investigation of Crime NO.1/2014, the police have unearthed the role of these accused in robbing CWs.7 and 8 of Rs.2,07,00,000/-crores under the guise of an official checking of the bus.
4. The learned counsel for the petitioners has argued that no prima facie materials are found out against these petitioners more particularly in the light of 10 inordinate delay in lodging complaint by CW-1. It is argued that no incriminating materials have been collected by these petitioners and all the offences alleged against these petitioners are neither punishable with death nor imprisonment for life. It is argued that the entire investigation has been completed and charge sheet has been filed and they have undertaken to obey any conditions imposed on them.
5. Per contra learned Government Pleader has vehemently opposed the bail application on the ground that accused Nos.1 to 7 being police officials have conspired with the remaining accused in connection with robbing money transported in Kalpaka Travels bus on the early morning of 4.1.2014 and that police officials have deceptively conducted inspection of the bus in order to rob Rs.2,27,00,000/-.
6. Perused the records inclusive of the charge sheet. The bus bearing No.KA-01-AA-2793 of Kalpaka Travels left Kalasipalyam bus stand on the night of 11 3.1.2014 in order to go to Calicut. Accused Nos.8 and 9 had conspired with Prakash, Police Constable who inturn had conspired with the accused No.4 Jagadeesh, PSI and others and raid was conducted as though Mr.Jagadeesh, PSI had received an information that drugs and arms had been transported in the said bus. When the bus reached near Yelawala Police Station, it was stopped by putting barricades and all the inmates of the bus were made to get down. After thorough check up, PSI searched the safe box on the left side of the bus and took out a bundle. The bundle that was taken out contained Rs.20,00,000/- only and since it was seized. The driver and conductor did not give satisfactory explanation. Infact case was registered against the driver and conductor under Section 41(d) of CRPC and Section 102 of Cr.P.C and they were produced before the Jurisdictional Magistrate. After two months from the date of registration of crime on the file of Yelawala Police Station, CW-1-Sainulabdheen approached the Home Minister, Government of Karnataka on the ground that 12 raid conducted on 04.01.2014 was a fake raid and the driver and conductor had been robbed of Rs.2,00,00,000/- belonging to himself and CW-4 and 5.
7. After perusing the confessional statement of accused Nos.9 and 10, it is evident that it was accused No.8 who had who introduced accused No.9 to accused No.5 and conspiracy was hatched. Accused No.10 travelled in Toyota Qualis car following the bus from Srirangapatna to Yelawala. The call details of the mobiles seized are also part of the record.
8. It is true that there is sufficient delay in lodging the complaint by CW-1. But the statement recorded under Section 164(1) of Cr.P.C. of all material witnesses before the JMFC would disclose that a sum of Rs.2,27,00,000/- had been sent through driver and conductor of the said bus and that on knowing the same, police had hatched conspiracy to rob the driver and conductor of huge amount. Though Offences alleged against the petitioner are neither punishable 13 with death nor imprisonment for life, offences are serious in nature since the police officials themselves have allegedly colluded with private persons to commit such an heinous act.
9. What is argued by the learned counsel for the petitioners is that the said offence does not come within the purview of Section 395 of IPC as no hurt is caused while committing alleged robbery. Official checking of bus so done by the accused No.4 PSI, Jagadeesh in collusion with other officials of the Police Department is nothing but deceptive checking of the bus in order to rob the money.
10. It is too premature to disbelieve the materials collected by the police. Though accused Nos.9 and 10 are private persons, they have colluded with the police to commit such serious offence. The CID wing of the Crime Police have conducted a detailed investigation and statement of witnesses have been recorded and innumerable documents have been recovered. In fact a 14 sum of Rs.15,00,000/- had been given to accused Nos.9 and 10 as booty and out the said amount a sum of Rs.10,00,000/- has been recovered from these persons, by the Police.
11. Taking into consideration the totality of the case, this is not a fit case to exercise discretion under Section 439 of Cr.P.C. Whatever observation made by this Court is only for the limited purpose of disposing the matter and this shall not influence the learned Judge in trying the matter on merits. Hence, petitions are liable to be dismissed.
ORDER Petitions are dismissed.
Notwithstanding the dismissal of the petitions, the learned Judge shall frame charges against accused on or before 31.1.2015 and thereafter to make all efforts to examine the material witnesses at the earliest.
Preferably within five months from the date of framing of charges. If for any practical and unavoidable reasons, the Court is not able to examine the material 15 witnesses even after framing of charges within the time frame granted by this Court, the petitioners are at liberty to approach this Court by filing fresh bail applications.
Registry to send a copy of this order to the District and Sessions Court, Mysore for reference.
Original order shall be kept in the main petition and copies in the remaining petitions.
Sd/-
JUDGE DM