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Ameen Shariff @ Jabber Shariff v/s State by Sadshiva Nagara PS, Rep. by State Public Prosecutor, Bengaluru


    Criminal Petition No. 2325 of 2020

    Decided On, 29 May 2020

    At, High Court of Karnataka

    By, THE HONOURABLE MR. JUSTICE R. DEVDAS

    For the Petitioner: Mohammed Tahir, Advocate. For the Respondent: M. Divakar Maddur, HCGP.



Judgment Text


(Prayer: This Criminal Petition is filed Under Section 439 of Cr.P.C praying to enlarge the petitioner on Bail in Cr.No.22/2020 of Sadashivanagar P.S., Bangalore for the offence p/u/s 392,397 of IPC.)

(Oral):

1. This petition is filed under Section 439 of Cr.P.C. seeking regular bail.

2. It is the case of the prosecution that on 24.02.2020 at about 5.10 a.m., four persons came in two bikes, restrained the complainant who was proceeding towards Sadashivanagar to deliver milk, threatened him by showing knife and robbed his mobile phone and cash of Rs.2,000/-. Subsequently, the police have arrested the petitioner along with the other two accused from Sadashivanagar, BDA complex on 25.02.2020 at about 8.00 p.m. It is stated that on thorough enquiry, the petitioner and other two accused persons have confessed to the alleged crime and also provided information of another absconding i.e., accused No.4.

3. It is the case of the prosecution that in furtherance of the investigation, the police have seized the mobile phone, Rs.2,000/- in cash, knife and two Deo Honda Scooter bearing No.KA01HJ8255 & KA02JJ-3474. The accused persons were produced before the jurisdictional magistrate and committed to the judicial custody.

4. Learned counsel for the petitioner submits that the petitioner was in fact arrested by Cubbon Park police on 22.02.2020 while returning home from the place of work in Brigade road. It is further submitted that the petitioner who was in the custody of the Cubbon Park Police on 22.02.2020 and kept in station for three days could not have committed the crime on 24.02.2020. It is submitted that when the family of the petitioner raised their voice against the illegal detention, the police have wrongly implicated the petitioner in a crime by the Sadashivanagar Police Station. Moreover, it is submitted that accused No.3 has been granted bail by this Court in Crl.P.No.2239/2020 today.

5. Learned HCGP admits that accused No.3 has been granted bail in Crl.P.No.2239/2020.

6. Having heard the learned counsel for the petitioner, the learned HCGP and on perusing the petition papers, this Court finds that similar allegations are made against all the accused persons in the FIR and one of the accused i.e., accused No.3 has already been granted bail by this Court.

7. The submission of the learned counsel for the petitioner that the petitioner was indeed apprehended by the Cubbon Park police and when his family members agitated that he could not be kept in illegal detention and therefore the petitioner has wrongly implicated in another case, may require consideration at the time of trial.

8. For the foregoing reasons, this court is of the considered opinion that the petition filed by the petitioner herein is required to be allowed.

Accordingly the following

ORDER

(1) The petition is allowed.

(2) The petitioner is directed to be enlarged on bail if he is not required in any other matter, subject to the condition that he shall furnish a personal bond for a sum of Rs.50,000/- with one surety to the likesum.

(3) The

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petitioner shall not in any way tamper with the prosecution witnesses. (4) The petitioner shall not repeat or get involved in any type of offences. On the contrary, if he is involved in future in any crime, the bail granted by this court is liable to be cancelled. A copy of this order shall be forwarded to the Jail Authorities for compliance.
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