Karnataka High Court
Juveriya Sharief vs National Investigating Agency ... on 19 April, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:15431
WP No. 11347 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 11347 OF 2024 (GM-RES)
BETWEEN:
JUVERIYA SHARIEF,
W/O DILSHAD RAZAK EJAZ,
AGED ABOUT 45 YEARS,
R/AT NO.49, FLAT NO.401,
FORTUNE APARTMENT,
4TH FLOOR, 1ST CROSS,
COOKE TOWN,
ST. THOMAS TOWN,
BANGALORE - 560 084.
...PETITIONER
(BY SRI. MOHAMMED TAHIR, ADVOCATE)
Digitally signed AND:
by NAGAVENI
Location:
HIGH COURT NATIONAL INVESTIGATING AGENCY
OF
KARNATAKA MINISTRY OF HOME AFFAIRS, (GOI)
REP. BY ITS STANDING COUNSEL
SRI. PRASANNA KUMAR,
OFFICE AT HIGH COURT COMPLEX,
OPP. VIDHANA SOUDHA,
BANGALORE - 560 001.
...RESPONDENT
(BY SRI. P. PRASANNA KUMAR, SPL.PP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO WRIT TO GRANT 1
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NC: 2024:KHC:15431
WP No. 11347 of 2024
DAY CUSTODY BAIL FOR THE PETITIONERS BROTHER I.E. ASIM
SHARIFF FOR 1 DAYS TO ATTEND THE RECEPTION (VALIMA)
AT NALPAD FUNCTION HALL AT PALACE GROUND, BENGALURU
FROM 4.00 PM TO 12.PM ON 19-04-2024 BY VISITING HIS
HOME AT BTM LAYOUT, BENGALURU AND ATTENDING VALIMA
(BRIDEGROOMS RECEPTION) AT PLACE SHEESH MAHAL
FUNCTION HALL, GATE NO. 7 PALACE GROUND, BANGALORE
SCHEDULE AS PER ANNEXURE-C WHO IS PRESENTED IN THE
JUDICIAL CUSTODY OF HONBLE XLIX ADDL. CITY CIVIL AND
SESSION JUDGE (SPECIAL JUDGE FOR TRAIL OF NIA CASES)
(CCH-50) BANGALORE IN SPL CC NO. 181/2017 WHEREIN
PETITIONERS BROTHER ASIM SHARIFF IS ARRAYED AS
ACCUSED NO. 5 AT ANNEXURE-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking the followingn prayers:
"1. Issue appropriate writ to grant 1 day Custody Bail the Petitioner's Brother i.e. Asim Shariff for 1 day to attend the reception (Valima) at Nalpad Function Hall at Palace Ground, Bengaluru from 04.00 PM to 12:00 PM on 19/04/2024 by visiting his Home at BTM Layout, Bengaluru and Attending valima (Bridegroom's Reception) at Place Sheesh Mahal Function Hall, gate no.7 Palace Ground, Bangalore scheduled as per Annexure-C who is presented in the judicial custody of HON'BLE XLIX ADD. CITY AND SESSION JUDGE (SPECIAL JUDGE FOR TRIAL OF NIA CASES) (CCH-50) BANGALORE in Spl CC no 181/2017 -3- NC: 2024:KHC:15431 WP No. 11347 of 2024 wherein Petitioner's Brother Asim Shariff is arrayed as accused no 5 at Annexure-'A'.
2. Pass any other order which this Hon'ble Court deems fit by considering the facts of this court, in the interest of justice and equity."
2. Heard Sri. Mohammed Tahir, learned counsel appearing for the petitioner, Sri. P. Prasanna Kumar, learned Spl.P.P., appearing for the respondent and have perused the material on record.
3. The petitioner was before the concerned Court in Spl.C.No.181/2017, which comes to be allowed partly by granting interim bail to the petitioner to attend the marriage from 5.00 p.m. to 9.00 p.m. on 18.04.2024.
4. Learned counsel appearing for the petitioner has moved the Court on the ground that the marriage reception is to be held today evening i.e., on 19.04.2024 from 4.00 p.m. and therefore, he would want bail to be granted for today from 4.00 p.m. to 12.00 a.m.
5. Learned Spl.P.P., Sri. P. Prasanna Kumar appearing for the respondent though would not object for reason for grant -4- NC: 2024:KHC:15431 WP No. 11347 of 2024 of bail, but the manner in which the petition is moved, is what he objects. Be those submissions as they are.
6. The petitioner has been granted interim bail for 4 hours from 5.00 p.m. to 9.00 p.m. on 18.04.2024. I deem it appropriate to grant interim bail as sought for the said purpose from 4.00 p.m. to 12.00 a.m. of 19.04.2024 with the same conditions that are imposed by the concerned Court while granting interim bail in terms of the order dated 15.04.2024.
7. For the aforesaid reasons, the following:
ORDER
(i) The Writ Petition is allowed.
(ii) Accused No.5 - Sri. Asim Shariff is permitted to attend the Valima Ceremony of his elder sister's daughter by name Ms. Sara Iram at Home, BTM Layout, Bengaluru and reception at Sheesh Mahal Function Hall, Gate No.7, Palace Ground, Bengaluru from 04.00 p.m. to 12.00 a.m. on 19.04.2024 at his own cost and journey period is excluded from the said period.
(iii) Accused No.5 shall deposit the escort changes in advance as calculated by the Jail Authorities. -5-
NC: 2024:KHC:15431 WP No. 11347 of 2024
(iv) The Superintendent of Central Prison, Bengaluru is hereby directed to take accused No.5 to Home, BTM Layout, Bengaluru and subsequently to Sheesh Mahal Function Hall, Gate No.7, Palace Ground, Bengaluru from 04.00 p.m. to 12.00 a.m. on 19.04.2024.
(v) The escort Police are hereby directed not to wear Uniform and not to handcuff accused No.5 during the wedding ceremony.
(vi) The escort Police are hereby directed not to allow accused No.5 to contact anybody over phone during the said period. If there is any lapses in this regard, the same will be viewed very seriously.
(vii) The Jail Authorities are hereby directed to submit a compliance report before this Court.
(viii) The Office is hereby directed to intimate the same to the Jail Authorities.
Sd/-
JUDGE SJK List No.: 1 Sl No.: 93