Dawood Ibrahim @ IBBI vs State Of Karnataka

H.P. Sandesh, J

Heard the learned counsel for the petitioner and the learned Additional SPP for the respondent – State.

The factual matrix of case of prosecution while invoking the offence punishable under Sections 341, 364A, 377 and 394 read with Section 34 of IPC is that accused No.1 to 3 along with this petitioner on 26.03.2022 at about 4:30 a.m. to 5:00 a.m. when the complainant was proceeding in a celerio car bearing No.KA-59/R-9358 came in a car which was driven by this petitioner and caused obstruction showing knife to the complainant and snatched the gold ring belonging to CW.1 and also the ATM card and using the said ATM card, drawn an amount of Rs.6,000/-and also Rs.500/- and thereafter he was taken to the unknown place. Accused No.2 subjected him to unnatural sex and hence the police have registered the case and investigated the matter and filed a charge sheet against four accused persons.

The counsel appearing to the petitioner would submit that this petitioner has been arrayed as accused No.4 and the only allegation made against him is that this petitioner has driven the car. Except the said allegation, there are no other allegations against the petitioner herein. The main allegation against the other accused persons is that they snatched the gold ring and also the ATM card and drawn the money. The counsel also submits that this petitioner was in custody in another case and hence he could not approach this Court. The counsel also submits that there are four cases against this petitioner and no other similar offence cases are pending against the petitioner.

Per contra, the learned Additional SPP appearing for the state would submit that there are eight cases against the petitioner herein and also there are two cases of similar offences and even offence under Sections 307, 394, 395 and 399 has also been invoked and he is a habitual offender and hence he cannot be enlarged on bail.

Having considered the submissions of the respective counsels and also on perusal of material, the specific allegation against this petitioner is that he drove the vehicle in which the other accused No.1 to 3 travelled along with him and specific overt act against the other accused persons is about snatching of gold ring as well as ATM card and drawing of amounts and also Section 377 is invoked against accused No.2 and not against this petitioner and mere filing of cases against the petitioner cannot be a ground to reject the bail petition.

In the case on hand, taking into note of the allegations made against the petitioner herein and for the reason stated that he was in custody and he could not approach the Court and taking into note of the fact that other accused persons have already been enlarged on bail by this Court in Criminal Petition No.1734/2023 along with Criminal Petition No.1805/2023 with conditions, it is appropriate to enlarge the petitioner on bail by imposing conditions.

In view of the discussions made above, I pass the following:

ORDER

The criminal petition is allowed.

Consequently, the petitioner/accused No.4 is enlarged on bail in respect of Crime No.45/2022 registered by Kothanur Police Station, Bengaluru City, for the offences punishable under Sections 341, 364A, 377, 394, 511 read with 34 of IPC, subject to the following conditions:

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

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

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

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

(5) The petitioner shall not indulge in similar offences in future.

Liberty is given to the State to seek for cancellation of bail order in case the petitioner indulges in similar offences in future or in violation of the above conditions.