Aasif Pasha vs State Of Karnataka

H.P. Sandesh, J

This petition is filed under Section 439 of Cr.P.C., seeking regular bail of the petitioner/accused No.1 in Crime No.5/2021 of Byappanahalli Police Station, Bengaluru City, for an offence punishable under Sections 397 of IPC.

Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent/State.

The factual matrix of the case of the prosecution is that on 10.01.2021 at about 8:15 a.m, when the complainant was proceeding, this petitioner and other accused persons by showing a knife point on her, threatened her and snatched the gold chain weighing 26 grams worth of Rs.91,000/- and fled away from the place. Accused No.1 was apprehended on 28.02.2021 and accused No.2 was apprehended on 07.03.2021 and recovery was made. Hence, after completion of the investigation, the police have filed the charge-sheet for an offence punishable under Sections 397 of IPC.

The learned counsel appearing for the petitioner would submit that as on the date of registration of this case, no other cases were there against the petitioner. But subsequent to registration of this case, other four cases are registered against him. He is an innocent and he has not committed any offence. The learned counsel for the petitioner also would submit that the investigation had been completed and recovery was also made and no need of custodial trial. Hence, he may be enlarged on bail.

Per contra, the learned High Court Government Pleader appearing for the State would submit that while making recovery, two gold chains are recovered from the house of this petitioner. One is pertaining to this crime and another is in connection with some other crime. Other than this case, there are four cases.

Having heard the respective counsel and on perusal of the material available on record, the incident was taken place in the month of January and this petitioner was arrested on 28.02.2021. Thereafter, recoveries are also made and other cases are registered subsequent to registration of this case in the year 2021. This incident was taken place on 10.01.2021. When the recoveries were already made and the investigation had been completed and this petitioner is in custody from 28.02.2021 almost from the last one year, it is a fit case to exercise the powers under Section 439 of Cr.P.C. When such being the factual aspects of the case, in order to protect and safeguard the interest of the prosecution, the condition is imposed that if this petitioner is indulged in the similar offences in future, the State is having the liberty to approach the Court for cancellation of the bail. Hence, I pass the following:-

ORDER

The Petition is allowed. Consequently, the petitioner/accused No.1 shall be released on bail in Crime No.5/2021 of Byappanahalli Police Station, Bengaluru City, for an offence punishable under Sections 397 of IPC, subject to the following conditions:

(i) The petitioner shall execute personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.

(ii) The petitioner shall not indulge in tampering the prosecution witnesses.

(iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.

(iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court, till the case registered against him is disposed of.

(v) If this petitioner is indulged in the similar offences in future, the State is having the liberty to approach the Court for cancellation of the bail.