Karnataka High Court
Mr Masood Khan @ Gidda Masood vs Dodda Pete Police Station on 6 September, 2019
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 06TH DAY OF SEPTEMBER, 2019
BEFORE
THE HON'BLE MR.JUSTICE B.A. PATIL
CRIMINAL PETITION NO.6216 OF 2019
BETWEEN:
Mr. Masood Khan @ Gidda Masood,
S/o Nazeer Khan,
Aged about 21 years,
R/at No.7th Cross (Left side),
Tippunagar,
Shivamogga-577 205. ...Petitioner
(By Sri. H.S.Prashanth, Advocate)
AND:
Dodda Pete Police Station,
Doddapete, Shivamogga.
Represented by
State Public Prosecutor,
High Court Building Complex,
Ambedkar Beedi,
Bengaluru-01. ...Respondent
(By Sri.M.Divakar Maddur, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to enlarge the petitioner on bail in
Cr.No.410/2018 of Doddapete Police Station,
Shivamogga for the offence punishable under Sections
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143, 147, 384, 511, 307, 120-B, 114, 109 read with
Section 149 of IPC and Section 25 and 27 of Indian
ARMS Act, 1959 and Section 3 of Karnataka Control of
Organized Crime Act, 2000 (KCOCA for short).
This Criminal Petition coming on for Orders, this
day, the Court made the following:
ORDER
The present petition has been filed by petitioner/accused No.7 under Section 439 of Cr.P.C., seeking to enlarge him on bail in Spl.C.C.No.893/2018 arising out of Crime No.888/2018 (Crime No.410/2018 of Doddapete Police Station, Shivamogga) on the file of Prl. City Civil and Sessions Judge at Bengaluru for the offences punishable under Sections 143, 147, 384, 511, 307, 507, 120B, 114, 109 read with 149 of IPC; under Sections 25 and 27 of Indian Arms Act, 1959; and Section 3 of Karnataka Control of Organized Crime Act, 2000 ('KCOCA' for short).
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2. I have heard the learned counsel for the petitioner/accused No.7 and the learned High Court Government Pleader for respondent-State.
3. The case of the prosecution is that one Khalim Pasha filed a complaint on 4.6.2018 alleging that he is doing real estate business. He received a mobile call from mobile phone number 8747069459. The caller introduced himself as Jabbu from Tumkur and informed that some persons from Shivamogga have given supari to kill the complainant and they have also given the photo and his mobile number. He further informed that his boys are staying at Bhadravathi and they will come to his house at about 10.00 a.m. He also demanded an amount of Rs.20 lakhs, for which the complainant told that he is ready to pay the amount. Thereafter, the complainant did not receive any calls and as such he kept quiet. It is further case of the prosecution that one month after receipt of the said call, 4 again he received a call for demand of money and thereafter the phone call was disconnected. Three days thereafter, again complainant received a call and the caller started asking whereabouts of the complainant and further told him to come near Gopalapuradal Road. It is further case of the prosecution that on the next day, again he received a call and the said person abused and threatened the complainant with dire consequences and thereafter disconnected the phone call. It is further case of the prosecution that after four days, at about 7.30 p.m. complainant's friend Abdul Rub's car was parked in front of his house. At that time, some unknown persons came and damaged the glass of the said car and in that context, a complaint has been filed before Doddapete Police. It is further case of the prosecution, that on 3.6.2018, at about 9.40 p.m. the complainant received a phone call to his number 9900601406 from mobile number 7624899969 and the caller introduced himself as Mujju and told the 5 complainant to come near Ayodhya Hotel to which complainant told that he is in Bengaluru and at that time, phone call was disconnected. After 15 minutes, again he received the phone call and the said person told him that his guys are following him and they are also watching his movements and they are going to enter his house and thereafter the phone call was disconnected. It is further case of the prosecution that at about 12.00 O'clock in the midnight the complainant slept and at about 4.00 a.m. he woke up for having food as it was a Ramzan month. At about 4.40 a.m. from the same mobile number i.e., 7624899969, the complainant received a call and the said person asked his whereabouts to which the complainant replied that he has to go to Mosque for namaz to which the said person told him that he will not go to Mosque and he is going to none of the places and by hearing the same, the complainant peeped through window whether anybody was there, but he noticed that nobody was there outside 6 the house. Thereafter, he opened the door. Immediately, two persons came on a motorbike covering the face with towel and fired towards the complainant. The said bullet hit to the gate and immediately complainant closed the gate and rushed inside the house. Thereafter he received a call that today he was escaped and if money is not paid, next time they would finish him. On the basis of the said complaint, a case has been registered in the above said crime.
4. It is the submission of the learned counsel for the petitioner/accused No.7 that the name of the accused No.7 was not found in the complaint or FIR. There are no serious overt acts as against the petitioner/accused No.7. The only allegation which has been made as against the accused No.7 is that he was a member of the said assembly and he has conspired with other accused. But no material has been produced to show that he has conspired with the other accused. It is 7 his further submission that the only overt acts so which has been alleged as against the accused No.7 is that he has provided motor bike to accused No.1 and even the said motor bike has been recovered at the instance of the accused No.7. No other serious overt acts has been made. He further submitted that earlier when this Court disposed the Crl.P.No.8518/2018 c/w other matters dated 20.02.2019, charge sheet was not available. Now already charge sheet has been filed. Under the changed circumstances, he has moved the fresh bail application. He is ready to abide by any conditions imposed by this Court and ready to offer surety. On these grounds, he prays to allow the petition and release the petitioner/accused No.7 on bail.
5. Per contra, the learned HCGP vehemently argued and submitted that the petitioner/accused No.7 is a member of the organized crime syndicate and he has got good contacts and even he use to call the 8 remaining accused persons and use to threaten and extract the amount. That itself goes to show that he is also a main accused. It is his further submission that since the KCOCA has been invoked, then under such circumstances, each member of the organized crime syndicate are equally liable to be punished. Under the said facts and circumstances, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
7. Though it is contended by the learned counsel for the petitioner/accused No.7 that there are no serious overt acts as against the petitioner/accused No.7, the only allegation is that he has provided a motor bike to accused No.1 and others.
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8. But as could be seen from the earlier order, the detailed discussion has been made by referring to various decisions of the Hon'ble Apex Court and how the law has been laid down that he is a member of the organized syndicate and an offence has been included in KCOCA. Then under such circumstances, I feel that petitioner/accused No.7 is not entitled to be released on bail. Hence, petition is dismissed.
Sd/-
JUDGE NS