Karnataka High Court
Mohammed Yousuf vs The State Of Karnataka on 18 December, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2024:KHC-K:9776
CRL.P No. 201560 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 18TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO.201560 OF 2024
(439(Cr.PC)/483(BNSS))
BETWEEN:
SRI. MOHAMMED YOUSUF
S/O MOHAMMED JAVEED,
AGED ABOUT 21 YEARS, OCC: PRIVATE JOB,
R/AT 20-3-123/5/C/4,
SHIPLI GUNJ, HUSSAINI ALAM,
BAHADURPURA, HYDERABAD TELANGANA-500064.
...PETITIONER
[BY SRI SADANAND G. SHASTRI, ADVOCATE - (THROUGH VC)]
AND:
Digitally signed
by SWETA
KULKARNI THE STATE OF KARNATAKA
Location: High BY BASAVA KALYANA TOWN POLICE STATION,
Court Of
Karnataka REP. BY LEARNED HCGP
HON'BLE HIGH COURT OF KARNATAKA
KALABURAGI BENCH, KALABURAGI-585103.
...RESPONDENT
(BY SRI JAMADAR SHAHABUDDIN, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C (OLD), 483 OF BNSS, 2023 (NEW), PRAYING TO
GRANT REGULAR BAIL UNDER SECTION 483 OF BHARATIYA
NAGARIK SURAKSHA SANHITA, 2023 TO THE PETITIONER
HEREIN FOR THE ALLEGED OFFENCES PUNISHABLE UNDER
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NC: 2024:KHC-K:9776
CRL.P No. 201560 of 2024
SECTIONS 309(4), 310(2), (6), 312 OF BNS 2023 SEC. 3 READ
WITH 25 OF ARMS ACT, IN CR.NO.0161/2024 PRL. CIVIL
JUDGE (JR.DN) AND JMFC COURT BASAVAKALYAN, BIDAR AT
ANNEXURE-A BY BASAVAKALYAN TOWN POLICE, BIDAR
DISTRICT BY IMPOSING ANY JUST AND REASONABLE
CONDITIONS AS THIS COURT DEEMS FIT UNDER THE FACTS
AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF
JUSTICE.
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Heard the learned counsel for petitioner, learned High Court Government Pleader for respondent/ State and perused the material on record.
2. This petition under Section 483 of BNSS, 2023 is preferred by the petitioner to enlarge him on bail in Crime No.161/2024 of Basava Kalyan Town Police Station, Bidar district, registered for offence punishable under Section 309 (4) of BNS, 2023.
3. Complaint is lodged by one Najimoddin son of Rabbani Naikode, wherein he has alleged that he is running 'Madina Gold Smith Shop' in Qureshi Complex in -3- NC: 2024:KHC-K:9776 CRL.P No. 201560 of 2024 Basavakalyana. On 26.09.2024 while he was proceeding to his house carrying a cash of Rs.1,80,000/-, 18 tolas silver chain valued at Rs.17,800/- and a gold chain weighing about 3 tola 6 grams valued at Rs.2,82,000/-, at about 9.30 - 9.40 p.m., two unknown persons came in a car and hit against his motorcycle and threatened him pointing a knife at him and caused injuries to his head with the said knife and then snatched the bag containing the cash and ornaments and fled away.
4. Based on the above complaint, a case was registered in Crime No.161/2024 at Basava Kalyana Town Police Station, Bidar against two unknown culprits. Accused Nos.1 to 3 came to be arrested in connection with Crime No.597/2024 of Balapure Police Station, Hingoli District, Maharashtra. Petitioner, arraigned as accused No.6 was arrested on 11.10.2024 and his voluntary statement was recorded.
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5. In the remand application, petitioner is shown as accused No.6. Allegations against him are that he has given the details and movements of the complainant/ victim to other accused persons. He is said to have received a sum of Rs.20,000/- out of the booty. A sum of Rs.4,700/- has been recovered at his instance.
6. The allegations now made against the petitioner is based on the voluntary statement of the accused. Except the same, there is no other material to show his involvement in the commission of offence. Similarly placed accused No.6 has been enlarged on bail by this Court in Crl.P.No.201449/2024 dated 10.12.2024. Petitioner is already interrogated. There is no sufficient material for his further detention in custody. He has undertaken to offer sufficient surety and to abide by other conditions. Hence, the following:
ORDER Petition is allowed.-5-
NC: 2024:KHC-K:9776 CRL.P No. 201560 of 2024 Petitioner / accused No.5 in Crime No.161/2024 of Basava Kalyana Town Police Station, Bidar, shall be released on bail subject to following conditions:
a) He shall execute a bond in a sum of Rs.50,000/-
(Rupees Fifty Thousand Only) with two sureties, out of which one shall be a local surety, to the satisfaction of the jurisdictional Court;
b) He shall furnish proof of his residential address and shall inform the Investigation Officer / Court, if there is any change in the address;
c) He shall mark his attendance before the jurisdictional Police Station on every Saturday between 10.00 a.m. and 2.00 p.m., till completion of investigation;
d) He shall not leave the jurisdiction of the Trial Court without prior permission of the learned judge.
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e) He shall not tamper with the prosecution witnesses either directly or indirectly.
f) He shall appear before the Trial Court on all dates of hearing without fail.
Violation of any of the above condition shall result in cancellation of bail.
Sd/-
(MOHAMMAD NAWAZ) JUDGE SWK,HB List No.: 1 Sl No.: 6 CT:SI