Karnataka High Court
Imranmiyyan vs The State Of Karnataka on 10 December, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2024:KHC-K:9473
CRL.P No. 201449 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO.201449 OF 2024
(439(Cr.PC)/483(BNSS))
BETWEEN:
IMRANMIYYAN S/O PASHAMIYAN MASULDHAR,
AGE: 33 YEARS, OCC: BUSINESS,
R/O AZAM COLONY, BASAVAKALYAN,
DIST. BIDAR.
...PETITIONER
(BY SRI. SYED MASTAN, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH, BASAVAKALYAN TOWN P.S.
TQ. BASAVAKALYAN, DIST. BIDAR,
Digitally signed REP. BY ADDL. S.P.P.
by SWETA HIGH COURT OF KARNATAKA
KULKARNI
Location: High
BENCH AT KALABURAGI-585103.
Court Of
Karnataka ...RESPONDENT
(BY SRI. JAMADAR SHAHABUDDIN, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C (OLD) UNDER SECTION 483 OF BNSS-2023,
PRAYING TO RELEASE THE ACCUSED / PETITIONER ON BAIL IN
CRIME NO.161/2024 OF BASAVAKALYAN TOWN P.S TQ.
BASAVAKALYAN DIST BIDAR, FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 309(4), 310(2)(6), 312 OF BNS-2023 AND
25 OF ARMS ACT AND THE MATTER IS PENDING ON THE FILE
OF I/C JMFC AT BASAVAKALYAN DIST: BIDAR.
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2024:KHC-K:9473
CRL.P No. 201449 of 2024
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
This petition is preferred under Section 483 of BNSS, 2023 praying to enlarge the petitioner on bail in Crime No.161/2024 of Basava Kalyana Town Police Station, Bidar, registered for the offence punishable under Section 309(4) of BNS, 2023.
02. Heard both sides and perused the material on record.
03. 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 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 -3- NC: 2024:KHC-K:9473 CRL.P No. 201449 of 2024 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.
04. 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.
05. According to the prosecution, petitioner was in constant touch with one of the accused by name Mudassir Hussain and in his voluntary statement he confessed having participated in the present crime. It is alleged that the petitioner was earlier running a jewellary shop in Basava Kalyana but he was addicted to bad habits and therefore, suffered loss in the business. Hence, he joined hands with other accused persons to commit robbery. The allegations against him are that he gave information to other accused persons about the complainant and tipped them about his movements etc., -4- NC: 2024:KHC-K:9473 CRL.P No. 201449 of 2024
06. The learned High Court Government Pleader has contended that the petitioner is a habitual offender involved in other criminal cases and therefore, he is not entitled for bail and if he is released on bail, he may once again involve in committing similar offences.
07. At this stage, except the voluntary statement of the accused there is no other material to show his involvement in the commission of offence. According to the prosecution two persons came in a car and committed robbery. It is alleged that petitioner was given a sum of Rs.20,000/- by other accused persons after the robbery was committed. A sum of Rs.7,300/- and a mobile phone has been recovered from the petitioner. However, the allegations against him are based on the voluntary statement. There is no sufficient material to show his complicity in the crime. His further detention is not necessary. He has undertaken to offer sufficient surety and to abide by other conditions. He is already interrogated and his further interrogation is not sought. Hence, by imposing stringent conditions, petitioner can be released on bail. Accordingly, the following: -5-
NC: 2024:KHC-K:9473 CRL.P No. 201449 of 2024 ORDER I. Petition is allowed.
II. Petitioner / accused No.6 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 for the likesum 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; -6-
NC: 2024:KHC-K:9473 CRL.P No. 201449 of 2024 D. He shall not leave the jurisdiction of the trail Court without prior permission of the learned judge.
E. He shall not tamper with the prosecution witnesses either directly or indirectly. F. He shall appear before the trail Court on all dates of hearing without fail. Violation of any of the above condition shall result in cancellation of bail.
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(MOHAMMAD NAWAZ) JUDGE KJJ List No.: 1 Sl No.: 8 CT:SI