Karnataka High Court
Mr Mohammed Shahid vs The State Of Karnataka on 12 September, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2023:KHC:32976
CRL.P No. 7665 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 7665 OF 2023
BETWEEN:
1. MR. MOHAMMED SHAHID
S/O MOHAMMED AFSAR
AGED ABOUT 25 YEARS
RESIDING AT NO.30
2ND CROSS, WILLIAMS ROAD
BENSON TOWN
BENGALURU - 560 046.
Digitally
signed by 2. SYED ASIM
NANDINI MS S/O MOHAMMED ARIF
Location: AGED ABOUT 28 YEARS
High Court
of Karnataka NO 28, M.K. APARTMENTS
AHMED SAIT ROAD
NEAR KFC FRAZER TOWN
BENGALURU NORTH - 560 005.
...PETITIONERS
(BY SRI UDAYA PRAKASH M, ADV)
AND:
THE STATE OF KARNATAKA
INDIRANAGAR POLICE STATION
BENGALURU REPRESENTED BY
SPECIAL PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE.
...RESPONDENT
(BY SMT. N. ANITHA GIRISH, HCGP)
THIS CRL.P FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN CR.NO.160/2023 OF INDIRANGAR P.S.,
BENGALURU CITY FOR THE OFFENCE P/U/S.397,506,34 OF IPC 1860
PENDING ON THE FILE OF THE 10th ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE COURT MAYO HALL, BENGLAURU.
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NC: 2023:KHC:32976
CRL.P No. 7665 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
1. Accused nos.1 & 2 in Crime No.160/2023 registered by Indiranagar Police Station, Bengaluru City, for the offences punishable under Sections 506, 34, 397 IPC, are before this Court under Section 439 Cr.PC.
2. Heard the learned Counsel for the parties.
3. On the complaint of Annadurai dated 28.07.2023, FIR in Crime No.160/2023 was registered by Indiranagar police against unknown persons.
4. In the complaint, it is averred that on 27.07.2023, when the complainant was at his house, at about 9.45 p.m., two persons came into his house and closed the door. Thereafter, they abused and assaulted him and snatched two mobile phones of the complainant worth about Rs.1,50,000/-. They also made him transfer a sum of Rs.25,000/- online to their account, and thereafter, left the place. -3-
NC: 2023:KHC:32976 CRL.P No. 7665 of 2023
5. During the course of investigation in the said case, the petitioners were arrested on 02.08.2023. Their bail application filed before the XXVIII Addl. City Civil & Sessions Judge, Bengaluru, in Crl. Misc. No.25674/2023 was rejected on 18.08.2023. It is under these circumstances, the petitioners are before this Court.
6. Learned Counsel for the petitioners has reiterated the grounds urged in the petition and submits that the petitioners who are youngsters have been falsely implicated in the case. They have no criminal antecedents. The mobile phones which were allegedly taken by the petitioners from the complainant's house have been recovered. He, accordingly, prays allow the petition.
7. Per contra, learned HCGP has opposed the petition. She submits that investigation is not yet completed, and accordingly prays to dismiss the petition.
8. From the complaint averments, it is seen that the complainant has stated that when he was in his house, two unknown persons entered the house and after assaulting him, they had taken away his two mobile phones. Subsequently, the -4- NC: 2023:KHC:32976 CRL.P No. 7665 of 2023 petitioners have been arrested on 02.08.2023. During the course of investigation, they were remanded to police custody from 02.08.2023 to 07.08.2023. The police have recovered the mobile phones and some other articles on the basis of the statement made by the petitioners herein from a open space at Ayodhya grounds of K.G.Halli.
9. The submission made by the learned Counsel for the petitioners that the petitioners have no criminal antecedents has not been opposed by the learned HCGP. After completion of interrogation, the petitioners were remanded to judicial custody, which would prima facie show that the petitioners custody is no more required. The mobile phones which were robbed by the petitioners have been recovered. Under the circumstances, I am of the view that the prayer of the petitioners seeking regular bail is required to be answered affirmatively. Accordingly, the following order:
10. The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.160/2023 of Indiranagar Police Station registered for the offences punishable under Sections 506, 34, 397 IPC, subject to the following conditions: -5-
NC: 2023:KHC:32976 CRL.P No. 7665 of 2023
a) Petitioners each shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;
c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioners shall not involve in similar offences in future;
e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.
Sd/-
JUDGE KK