Karnataka High Court
Mr. Asif @ Ashik vs The State Of Karnataka on 30 September, 2020
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF SEPTEMBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE B.A.PATIL
CRIMINAL PETITION NO.3614/2020
BETWEEN :
Mr. Asif @ Ashik
S/o Muhibulla
Aged about 22 years
Left side 7th Cross, Tippinagar,
Shivamogga-577 205.
...Petitioner
(By Sri P.P.Hegde, Advocate)
AND :
The State of Karnataka
by Tunganagar Police Station, Shivamogga,
Represented by State Public Prosecutor
High Court of Karnataka
Bengaluru-560 001.
... 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 Crime
No.553/2018 of Tunganagar Police Station, Shivamogga,
for the offences punishable under Sections 143, 144,
147, 148, 506, 307, 395, 364(A), 342, 450, 120(B) r/w
Section 149 of IPC Sections 3 and 25(1) of Arms Act and
Section 3 of KCOC Act.
-2-
This Criminal Petition coming on for orders
'through video conference' this day, the Court made
the following:-
ORDER
The present petition is filed by accused No.2 under Section 439 of Cr.P.C. to release him on bail in Crime No.553/2018 of Thunga Nagar Police Station, Shivamogga (pending on the file of Principal City Civil and Sessions Judge, Bengaluru) for the offences punishable under Sections, 143, 144, 147, 148, 506, 307, 395, 364A, 342, 450, 120B r/w. Section 149 of IPC; Section 3 of Karnataka Control of Organized Crimes Act, 2000 ('KCOCA' for short); and Sections 3 and 25(1) of Arms Act, 1959.
2. Heard Sri P.P.Hegde, learned counsel for the petitioner-accused No.2 virtually and Sri Divakar Maddur, learned HCGP respondent-State.
-3-
3. The learned counsel for the petitioner has produced the entire charge sheet material and the learned HCGP has also filed his objections.
4. Brief facts of the case are that on 5.7.2018 at about 6.20 p.m., accused No.9 alaong with his four other counterparts came in Verna car bearing Regn.No.KA- 01/MD-3928, entered the Granite premises of the complainant and accused No.1 shown a pistol and four other accused persons were possessed with knife, long choppers, etc. and threatened the complainant to go along with them. Accordingly, they took him to Gadigoppa aluru Anupinakatte Layout at about 6.45 p.m. The said accused persons have threatened the complainant with dire consequence by showing the above deadly weapons and demanded an amount of Rs.50,00,000/- from the complainant, for which the complainant telephoned to his brother-in-law and informed him that his friend is coming to the complainant's house and to pay him the amount. -4- Accordingly, accused No.1 along with his counterparts reached the house of the complainant and threatened the wife, mother-in-law and children of the complainant and told them that he has kidnapped the complainant and demanded Rs.5.00 Crores ransom from the family members and came back to the complainant and pushed him inside the Innova car and other three persons came in Duster car, which shows that totally eight persons were gathered in connection with the said case and thereafter one person by name Ahmed, who was in the complainant's house, has brought an amount of Rs.5,00,000/- and handed over the said amount to the counterparts of accused No.1, who came in Duster car near Kashipura Railway Gate.
5. It is the submission of the learned counsel for the petitioner-accused No.2 that already charge sheet has been filed and no overt acts have been alleged as against the petitioner except that the petitioner is the member of the said organized crime. It is his further -5- submission that though an application for test identification parade has been filed, no test identification parade has been conducted. It is his further submission that invoking of KCOCA is unwarranted. The cases registered against the petitioner are subsequent to the registration of the present case. It is his further submission that only with an intention to inculcate the petitioner-accused No.2, the said cases have been registered. It is his further submission that accused No.6 has been released on bail by this Court in Criminal Petition No.8359/2019, disposed of on 20.12.2019 and accused No.10 has also been released by this Court in Criminal Petition No.4491/2019 and on the ground of parity, petitioner-accused No.2 is also entitled to be released on bail.
6. On careful perusal of the entire charge sheet papers and objections filed by the learned HCGP in the first information report, the name of the petitioner- accused No.2 has been stated, but no specific overt acts -6- have been alleged against him. Already the charge sheet has been filed and except alleging that he is a member of the organized crime, nothing has been stated as against the petitioner-accused No.2. It is also noticed that an application for test identification parade has also been filed, but no test identification parade has been conducted. Though the alleged offences under the Arms Act and Section 395 of IPC are serious, there is doubt of participation of the petitioner-accused No.2. There are no serious specific overt acts are alleged against him, except alleging that he is a habitual offender and he went to the house of the complainant and extracted an amount of Rs.5 Lakhs. Though many accused persons have been involved in the crime, no specific overt acts have been alleged in the contents of the complaint, so also in the charge sheet as against the petitioner-accused No.2 to show whether he was present at the place of incident.
7. Taking into consideration of the aforesaid facts and circumstances of the case, there is no material as -7- against the petitioner-accused No.2. Though it is argued by the learned HCGP that the petitioner-accused No.2 has been involved in six of such offences and cases have been registered in different Police Stations, on perusal of the records it indicates that they have been registered simultaneously after registration of the present case. Though it is argued that the petitioner has been involved under the provisions of KCOCA, on perusal of the charge sheet material, even as against accused Nos.6, 9, 10 who are already released on bail by this Court, the similar provisions have been invoked and the co-ordinate Bench of this Court after taking into consideration the submissions made by the learned counsel appearing for the parties, has already released them on bail. On the ground of parity, petitioner-accused No.2 is also entitled to be released on bail.
Accordingly, the petition is allowed and accused No.2-petitioner herein is enlarged on bail in Crime No.553/2018 of Thunga Nagar Police Station, -8- Shivamogga (pending on the file of Principal City Civil and Sessions Judge, Bengaluru) for the offences punishable under Sections, 143, 144, 147, 148, 506, 307, 395, 364A, 342, 450, 120B r/w. Section 149 of IPC; Section 3 of Karnataka Control of Organized Crimes Act, 2000; and Sections 3 and 25(1) of Arms Act, 1959, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two Lakhs only) with two sureties for the like sum to the satisfaction of the trial Court.
ii) He shall not tamper with the prosecution evidence in any manner.
iii) He shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine reason.
iv) He shall mark his attendance before the
jurisdictional police once in a month
-9-
between 10.00 a.m. and 5.00 p.m. till the trial is concluded.
v) They shall not leave the jurisdiction of the trial Court without prior permission.
Sd/-
JUDGE *ck/-