IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 05TH DAY OF AUGUST 2020

BEFORE

THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY

CRIMINAL PETITION NO. 3285 OF 2020

BETWEEN:

MOHAMMED ANSAR @ ANSAR S/O. K.M.SADIK, AGED ABOUT 21 YEARS, R/AT:ANSAR MANZIL, NEAR AL KHUBA MOSQUE, KALANAD VILLAGE AND POST, MULKI, MANGALORE TALUK – 575231. ...PETITIONER

(BY SRI.B.LETHIF, ADV.)

AND

THE STATE OF KARNATAKA, BY MULKI POLICE STATION, D.K. DISTRICT, REP. BY SPP, HIGH COURT BUILDING, BENGALURU – 560001. ...RESPONDENT

(BY SRI.RENUKARADHYA.R.D., HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.139/2017 OF MULKI P.S., MANGALORE CITY FOR THE OFFENCE P/U/S 143, 147, 148, 120B, 448, 326, 397, 414 R/W 149 OF IPC.

THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

Petitioner, who is accused No.4 in Crime No.139/2017 registered by the Mulki Police Station, Mangaluru City, for the offences punishable under Sections 143, 147, 148, 120B, 448, 326, 395, 397, 414 read with Section 149 of IPC, has approached this court under Section 439 of Cr.P.C. seeking grant of regular bail.

2. It is the case of the prosecution that on 25.10.2017, the complainant Smt.Sharada Shetty, wife of Prabhakara Shetty has filed a complaint alleging that when she was alone in her house, at about 1.00 p.m., one unknown youth came to her house enquiring about payment of the current bill and thereafterwards he left the house. It is further alleged in the complaint that after five minutes, he once again came back to the complainant's house and banged the door bell. When the complainant opened the door, the said youth forcibly entered inside the house and caught-hold of the neck of the complainant and assaulted on her head with a hard instrument and as a result of the same, the complainant lost consciousness.

3. It is further averred in the complaint that the said person took away the Mangalasutra, five gold bangles, one gold necklace, one gold chain, ear studs, etc., which were worth about Rs.3,84,000/-.

4. On the basis of the said complaint, a case in Crime No.139/2017 was registered by the Mulki Police Station, Mangaluru City, against unknown persons for the offence punishable under Section 394 of IPC.

5. The petitioner and other accused persons were arrested on 22.10.2019 in relation to Crime No.156/2017 registered by Mulki Police Station, Mangaluru City. During the course of investigation, on the basis of the confession statement allegedly made by the persons arrested, they were arrayed as accused in Crime No.139/2017 and charge sheet is filed arraying

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the petitioner as accused No.4. The petitioner had filed Crl.Misc.No.94/2020 before the court of II Additional District and Sessions Judge, D.K., Mangaluru and the said petition was dismissed on 17.06.2020 and therefore, he has approached this court in this petition.

6. Learned counsel for the petitioner submits that he has been falsely implicated in the present case and the investigation is already completed and there are no averments whatsoever against him in the charge sheet. He further submits that after submission of the charge sheet, the case is now pending before the court of jurisdictional Magistrate in C.C.No.167/2020.

He further submits that the petitioner has already been enlarged on bail by this court in Criminal Petition no.8195/2019 insofar as Crime No.156/2017 is concerned. He submits that the petitioner is in custody ever since 22.10.2019 and he is an youngster aged about 21 years and that he is ready and willing to abide by any condition that may be imposed by this court while enlarging him on bail.

7. On the other hand, learned HCGP seriously opposes the bail application contending that the petitioner is involved in similar other cases and he is a habitual offender. He prays that the petition may be rejected.

8. I have heard the arguments of the learned counsel for the petitioner and also the learned HCGP on behalf of the State and also perused the charge sheet material available on record.

9. On perusal of the charge sheet, it is very clear that there is no specific allegation made in the charge sheet as against the petitioner is concerned. The role of the petitioner in the case on hand is not at all specified in the charge sheet and his name is not mentioned in column No.17 of the charge sheet.

10. Under the circumstances, this court is of the view that the petitioner is entitled for the relief prayed for by him in this petition.

Accordingly, the petition is allowed. The petitioner is directed to be released on bail in Crime No.139/2017 (C.C.No.167/2020) registered by the Mulki Police Station, Mangaluru City, for the offences punishable under Sections 143, 147, 148, 120B, 448, 326, 395, 397, 414 read with Section 149 of IPC, subject to the following conditions:

• 1. The petitioner shall execute a self-bond for a sum of Rs.2,00,000/- with two sureties for the like-sum to the satisfaction of the jurisdictional court;
• 2. He shall not indulge in tampering the prosecution witnesses;
• 3. He shall appear before the jurisdictional court on every hearing dates unless exempted by the said court for any genuine reason;
• 4. He shall not leave the jurisdiction of the trial court without prior permission of

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the court till the case registered against him is disposed of;

5. He shall not indulge in any other similar case and in the event of the petitioner violating any of the conditions, the prosecution shall be at liberty to move for cancellation of the bail.

Sd/- JUDGE

KNM/-