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Mohammed Anees v/s The State of Karnataka, Rep. by SPP, Bengaluru


Company & Directors' Information:- REP CORPORATION PRIVATE LIMITED [Strike Off] CIN = U26921TN2005PTC055138

    Criminal Petition No. 3532 of 2020

    Decided On, 27 August 2020

    At, High Court of Karnataka

    By, THE HONOURABLE MR. JUSTICE S. SUNIL DUTT YADAV

    For the Petitioner: B. Lethif, Advocate. For the Respondent: Rashmi Jadhav, HCGP.



Judgment Text


(Prayer: This Criminal Petition is filed under Section 439 of the Criminal Procedure Code, praying to enlarge the petitioner on bail in Crime No.156/2017 of Mulki Police Station, Mangaluru City for the offences p/u/s 143, 147, 148, 449, 120B, 201, 396, 302 r/w 149 of IPC.)

1. The petitioner who is accused no.1 is seeking to be enlarged on bail in relation to his detention pursuant to the proceedings in Crime No.156/2017 for the offences punishable under Sections 143, 147, 148, 448, 302, 120-B, 201, 396 r/w 149 IPC.

2. It is the case of the prosecution that the husband of the deceased had lodged a complaint stating that on 13.12.2017, when the complainant had been to LIC office for his work, his wife was alone at home at that instant. At about 12.30 p.m., he received a call from his wife and as her voice was not clear, he could not complete the conversation. It is stated that the complainant informed one Prakash to go to his house and verify as to what the matter was about. The said Prakash informed him after going to the house that his wife was lying in a pool of blood with injuries. It was also noticed that the ornaments and valuables from the house were missing and hence it was asserted that it was murder for gain by some unknown persons. A complaint was filed, FIR was registered against unknown persons and investigation was commenced. It is further stated that after about 1 years of the incident, on 30.07.2019, while the police were intercepting the vehicles, becoming suspicious of the behavior of the accused nos.1 and 2, they were apprehended and subjected to interrogation.

3. It is further submitted that on the basis of the voluntary statements of the said accused and by placing reliance on the statement of CW.9, who is stated to have seen the accused along with the deceased ten minutes prior to the incident, charge-sheet has been filed implicating the accused.

4. The learned counsel for petitioner submits that FIR was registered against unknown persons at the first instance. It is further submitted that recovery of ornaments is only from accused no.2 in his house. The only recovery against accused no.1 is the knife which is stated to have been used in the commission of the crime, which was discovered pursuant to the statement of the accused, buried in soil without blood stains. It is submitted that such recovery would be a weak piece of evidence and cannot be said to be incriminatory. It is further submitted that there are no eyewitnesses as regards the commission of the offence and that the petitioner has been in custody since 30.07.2019. It is further submitted that the investigation is complete and charge-sheet has been filed and therefore, the petitioner is entitled to be enlarged on bail.

5. The learned HCGP however, would submit that the evidence of CW.9 would make out a strong case for the prosecution.

6. It is further submitted that there are other cases also in which the petitioner has been arrayed as accused. Hence, it is submitted that if the petitioner is enlarged on bail, the apprehension regarding threat to CW.9 is a matter of grave concern.

7. Heard both sides.

8. Admittedly, the FIR was lodged against unknown persons. The identification of the petitioner is a matter to be established during trial. The weight of evidence to be attached to the identification of CW.9 is also a matter to be established during trial. The only recovery attributed to the petitioner is that of knife which was admittedly recovered in the year 2019 and admittedly, the question of sending the same to FSL would not arise as no blood stains could be traced. Accordingly, it is submitted that the recovery if any, even otherwise, was a weak piece of evidence and could not be considered to be incriminatory.

9. It is also to be noticed that the case rests clearly on circumstantial evidence and continuation of the petitioner in custody is not justified.

10. No doubt, the learned HCGP would point out that there may be threats to CW.9, which would prejudice the case of the prosecution. However, the said apprehension can be taken note of by appropriate terms to ensure that the petitioner does not in any way try to influence or intimidate CW.9. Proof of offence is a matter for trial and in light of the facts as made out above and also noticing that additional statement of CW.9 was also made in 2019, case is made out for enlarging the petitioner on bail.

11. In the result, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C., is allowed and the petitioner is enlarged on bail in Crime No.156/2017 of Mulki Police Station, Mangaluru City for the offences p/u/s 143, 147, 148, 449, 120B, 201, 396, 302 r/w 149 of IPC, subject to the following conditions:

(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.

(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.

(iii) The petitioner shall not tamper with evidence, influence in any way any witness.

(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.

(v) Any violation of the aforementioned conditions by the petitioner, shall resu

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lt in cancellation of bail. (vi) The petitioner shall physically present himself and mark his attendance before the Station House Officer, Mulki P.S., Mangaluru City once in a month between 10.00 a.m. and 5.00 p.m., till conclusion of the trial. (vii) The petitioner shall not establish contact with CW.9 and shall not enter the village wherein CW.9 presently resides. (viii) The petitioner shall not indulge in any criminal activities of like nature. Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
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