Karnataka High Court
Mohammed Ibrahim Pasha vs The State Of Karnataka By on 25 February, 2016
Author: A.V.Chandrashekara
Bench: A.V.Chandrashekara
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF FEBRUARY, 2016
BEFORE
THE HON'BLE MR.JUSTICE A.V.CHANDRASHEKARA
CRIMINAL PETITION NO.1014 OF 2016
BETWEEN:
MOHAMMED IBRAHIM PASHA,
S/O ABDUL ALEEM,
AGED ABOUT 47 YEARS,
R/AT NO.199/34, 10TH MAIN,
10TH CROSS, WILSON GARDEN,
BENGALURU-560027.
...PETITIONER
(BY SRI.RAHAMATHULLA SHARIEF, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
BY SAMPANGIRAMA NAGAR
POLICE STATION, REP. BY SPP,
BENGALURU-560027.
... RESPONDENT
(BY SRI. B.J.ESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN THE EVENT OF HIS ARREST IN CR.NO.145/2015
OF SAMPANGIRAMANAGAR P.S., BENGALURU FOR THE
OFFENCES P/U/S 120(B), 404, 405, 406, 416, 418, 419,
420, 463, 464, 468, 470 AND 471 OF IPC.
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THIS CRIMINAL PETITION IS COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioner who is accused No.1 in Crime No.145/2015 on the file of the respondent-Sampanginagara Police Station, Bangalore. A case is registered against him and other accused persons for the offences punishable under Sections 120-B, 404, 405, 406, 416, 418, 419, 420, 463, 464, 468, 470 and 471 IPC. The petitioner is apprehending arrest at the hands of the respondent-police. Hence this petition.
2. The case on hand relates to the alleged cheating said to have been committed by this petitioner along with accused No.3 on the complainant- Bank. It is further alleged that petitioner-accused and accused No.2 have availed huge loan from the complainant-M/s Reliance Home Finance Limited by -3- depositing forged documents relating to a land. It is alleged that accused No.3 had forged the documents and this petitioner had colluded with him to avail huge loan from the complainant-Bank on the basis of forged documents.
3. Learned Government Pleader has vehemently opposed the bail application on the ground that prima facie case is forthcoming in regard to the alleged offences and it is submitted that investigation is still in progress and the presence of accused are required for interrogation.
4. Perused the records. Anyhow the alleged forged documents are in the custody of the police. It is stated that petitioner has purchased the property by paying huge sum of money to accused No.3, who is stated to have created forged documents. He has undertaken to abide by any conditions that may be imposed by this court. The petitioner is permanent -4- resident of Wilson Garden, Bangalore having roots in the community. Thus, the apprehension of the learned Government pleader could be suitably met with by imposing proper conditions. Hence, I pass the following:
ORDER The petition is allowed.
Petitioner is to be enlarged on bail, in the event of their arrest in Cr.No.145/2015 of respondent-Police, subject to the following conditions:-
a) Petitioner shall surrender before the I.O.
of the jurisdictional police station within 20 days and in such event, petitioner shall be released on executing a personal bond in a sum of Rs.1,00,000/- with one surety for the like-sum to the satisfaction of the I.O.
b) Petitioner shall co-operate with the I.O. in conducting investigation.
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c) Petitioner shall not hold out threats to the prosecution witnesses or lure them in any manner.
d) Petitioner shall not involve in any criminal activities.
e) Petitioner shall attend the Respondent Police Station on every Sunday of the month between 9.00 a.m. to 5.00 p.m. without fail, till the submission of the final report.
f) If the petitioner violates any one of the conditions, the prosecution is at liberty to seek for cancellation of bail.
Sd/-
JUDGE MS*