Karnataka High Court
Abdulkareem S/O Mohammadismail ... vs The State Of Karnataka on 27 October, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 102971 of 2022
C/W CRL.P No. 102972 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 27TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.102971 OF 2022
C/W CRIMINAL PETITION NO. 102972 OF 2022 (439-)
IN CRIMINAL PETITION NO. 102972 OF 2022
BETWEEN:
MAHAMMADRAJAK S/O MAHAMMADRAFIQ
KALABURGI, AGE.23 YEARS, OCC. AUTO DRIVER,
R/O. OLD HUBBALLI, NEKAR NAGAR ROAD,
MILAD COLONY, 3RD CROSS, HUBBALLI.
...PETITIONER
(BY SHRI GOWRI SHANKAR MOT, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
GOKUL ROAD POLICE STATION, HUBBALLI,
REP BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD BENCH,
DHARWAD.
...RESPONDENT
(BY SHRI PRASHANTH V.MOGALI, HCGP)
IN CRIMINAL PETITION NO. 102971 OF 2022 (439-)
BETWEEN:
ABDULKAREEM S/O MOHAMMADISMAIL MUCHALE,
AGE.24 YEARS, OCC. HOTEL WORK,
R/O. OLD HUBBALLI, KALPADHI MASJID NEAR,
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CRL.P No. 102971 of 2022
C/W CRL.P No. 102972 of 2022
OLD HUBBALLI, HUBBALLI.
...PETITIONER
(BY SHRI RAGHAVENDRA MUTTAGIKAR AND
SHRI VASANT Y HOLEYANNAVAR, ADVOCATES)
AND:
THE STATE OF KARNATAKA,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD BENCH,
DHARWAD, BY P.I. HUBBALLI GOKUL ROAD POLICE
STATION, HUBBALLI.
...RESPONDENT
(BY SHRI PRASHANTH V.MOGALI, HCGP)
***
THESE CRIMINAL PETITIONS ARE FILED UNDER SECTION
439 OF CR.P.C. SEEKING TO ENLARGE THE
PETITIONERS/ACCUSED NOS.7 AND 3 ON BAIL IN CRIME
NO.138/2022 OF GOKUL ROAD POLICE STATION, HUBBALLI
REGISTERED FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 364A R/W SECTION 149 OF INDIAN PENAL CODE,
WHICH IS PENDING ON FILE OF JMFC 3RD COURT, HUBBALLI
IN THE INTEREST OF JUSTICE AND EQUITY.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
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CRL.P No. 102971 of 2022
C/W CRL.P No. 102972 of 2022
ORDER
The Criminal Petition No.102972/2022 is filed by accused No.7 and Criminal Petition No.102971/2022 is filed by accused No.3. Both the petitions are filed under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.', for brevity) seeking bail in crime No.138/2022 of Gokul road Police Station, Hubballi North Sub-Division registered for the offences punishable under Section 364A read with 149 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC', for brevity).
2. The case of the prosecution is that, Fazil S/o Suleman Mulla has lodged a complaint stating that on 06.08.2022 at 8:00 a.m, his younger brother Garib Nawaz left the house to go college and thereafter, the complainant and his father left the house at 10:00 a.m, to go to their shop -4- CRL.P No. 102971 of 2022 C/W CRL.P No. 102972 of 2022 situated in APMC. The complainant left his shop at 4:00 p.m, and had been to Duragadbail market and thereafter, he went to his house. At about 6:30 p.m, the complainant's father informed over phone to the complainant that the Garib Nawaz (victim) has been kidnapped by unknown persons nearby the Gokul road KLE college and has demanded ransom amount of a sum of Rs.50 lakhs to release the victim. The same was informed by one Bali Anthony to the complainant's father by phone call through his mobile No.9901963893. The complainant informed the same to the other members of the house and they went near KLE engineering college in the meanwhile the complainant's father was also came there. Thereafter, both search the victim near the college at 8:40 p.m. The victim made a phone call to the complainant's father and told that some unknown -5- CRL.P No. 102971 of 2022 C/W CRL.P No. 102972 of 2022 persons has kidnapped him and if Rs.15 lakhs is paid then he will be released and asked his father not to lodge any complaint before the police in that regard. The said complaint came to be registered in Crime No.96/2022 of Bendigeri Police Station for the offence under Section 364A of IPC. Accused Nos.3 and 7 came to be arrested on 08.08.2022 and they are in judicial custody. The petitioner-accused No.7 filed Criminal Miscellaneous No.5419/2022 and the petitioner- accused No.3 filed Criminal Miscellaneous No.5449/2022 seeking bail and the said petitions came to be rejected. Therefore, the petitioners- accused Nos.7 and 3 are before this Court seeking bail.
3. Heard the arguments of learned counsel appearing for the petitioner/accused No.3 and learned counsel appearing for petitioner/accused -6- CRL.P No. 102971 of 2022 C/W CRL.P No. 102972 of 2022 No. 7 and learned High Court Government Pleader for the respondent-State.
4. It would be the contention of learned counsel appearing for the petitioner-accused No.7 is that, the crime earlier registered in Bendigeri Police Station and subsequently it came to be transferred to Gokul road Police station, Hubballi North Sub-Division and registered in Crime No.138/2022 on 21.09.2022. It is his further submission that the victim was present on 07.08.2022 as per remand application and he has shown the spot to the investigation officer. It is his further submission that there is no allegation that the victim was found in clutches of petitioner/accused No.7. It is his further submission that the major portion of the investigation is over and the petitioner/accused No.7 is in judicial custody since more than 83 days -7- CRL.P No. 102971 of 2022 C/W CRL.P No. 102972 of 2022 and there are no criminal antecedents. With this, he prayed to allow the petition.
5. It would be the contention of learned counsel appearing for the petitioner-accused No.3 is that, there is money dispute between the accused and the victim with regard to the money earned by playing OnLine game Rummy and Ludo King and therefore, a false complaint has been registered against the petitioner/accused No.3 and others. It is his further submission that the major portion of the investigation is over and the petitioner is in judicial custody since more than 83 days and there are no criminal antecedents. With this, he prayed to allow the petition.
6. Per contra, learned High Court Government Pleader would contend that the investigation is still in progress. The investigating officer recorded the statements of Suleman (father -8- CRL.P No. 102971 of 2022 C/W CRL.P No. 102972 of 2022 of complainant), Immanuel S/o Mariyan Tatturi, Bali S/o Mariyan Anthoni and the Mariyan S/o Bali Anthoni. It is his further submission that bike of the victim has been recovered at the instance of accused Nos.1 and 2. It is his further submission that the investigation is in progress and the role of each of the accused has to be ascertained. The offence alleged against the petitioners/accused Nos.7 and 3 is heinous punishable with death or imprisonment for life. As the investigation is in progress and if the petitioners are granted bail, there are chances of they hampering the investigation and tampering the prosecution witnesses. With this, he prayed to reject the petitions.
7. Having regard to the submissions made by learned counsel for the petitioners/accused Nos.7 and 3 and learned High Court Government -9- CRL.P No. 102971 of 2022 C/W CRL.P No. 102972 of 2022 Pleader, this Court has gone through the complaint, FIR, order passed by the Sessions Court and investigation papers made available by learned HCGP.
8. The accusation against the petitioners and other accused is that they kidnapped the victim Garib Nawaz and demanded ransom for his release. The investigating officer has recorded the statements of these petitioners(accused Nos.3 and
7) and other accused wherein, they have admitted their involvement in the commission of the offence. There is a recovery of bike of the victim at the instance of accused Nos.1 and 2. The statements of witnesses already recorded reveal involvement of these petitioners in the alleged crime. What is the exact role of these petitioners/accused Nod.7 and 3 in the commission of the offence is a matter of investigation and
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CRL.P No. 102971 of 2022 C/W CRL.P No. 102972 of 2022 filing of the final report. The offence alleged against these petitioners/accused Nos.7 and 3 is punishable with death or imprisonment for life. As the investigation is in progress and if the petitioners are granted bail, there are chances of they hampering the investigation and tampering the prosecution witnesses. Therefore, when the investigation is in progress at this stage, the petitioners are not entitled for grant of bail.
9. Hence, both the petitions are dismissed.
10. The petitioners/accused Nos.7 and 3 are at liberty to file bail petitions before the Sessions Court after filing of the charge-sheet.
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JUDGE AM