Mohammad Kabeer vs State of Karnataka

H.S. Kempanna, J.—The petitioner who is arrayed as A1 in S.C. No. 1508/2012 on the file of the FTC-II, Bangalore City registered for the offence u/s. 397 r/w 34 of IPC is before this Court praying for enlarging him on bail. It is the case of the prosecution on 8.9.2010 at about 4.30 p.m. when CW 1 was proceeding in his Qualis Car bearing Recti. No. KA19 D6854 on Sarjapura Road the accused in the case gave a signal to give them a lift in the said car. In response to the same when CW 1 stopped his car, accused got into his car and thereafter immediately threatened him at the point of knife, tied his hands and also covered his eyes, assaulted him, put him on the rear side of the car and thereafter took away the car belonging to the complainant valued at Rs. 1,55,750/-.

The learned counsel for the petitioner submits initially charge sheet had been filed for the offence u/s. 392 r/w. 34 of IPC. On the basis of the same charge had also been framed by the Jurisdictional Magistrate and summons had been directed to the witnesses. When the said case was pending the Investigating Officer filed a memo requesting the court to add Section 397 of IPC upon which the learned Magistrate proceeded to add S. 397 of IPC to the case and thereafter committed the case to the court of Sessions. The petitioner was arrested on 14.9.2010 and he is in custody since then. He was also facing trial in the charge framed by the Committal Magistrate. A2 who is similarly placed as that of this petitioner has been granted bail by this Court in Crl. P. 2573/2013. As his case does not stand on a different footing than that of the petitioner, the petitioner also be released on bail.

The application of the petitioner is opposed by the State.

The learned HCGP submitted the present petitioner is involved in five more cases of different police stations involving heinous offence. He further submits in view of the fact that the accused has committed the offence u/s. 397 r/w. 34 of IPC, he is not entitled to be released on bail.

A perusal of the papers indicate initially the charge sheet had been filed for the offence u/s. 392 of IPC. On the basis of the same, the Jurisdictional Magistrate had also framed charge against this petitioner and A2 and had directed summons to the witnesses. The case thereafter had stood adjourned on four occasions. In the meantime the Investigating Officer filed a memo requesting to add S. 397 of IPC upon which the same was added and thereafter the learned Magistrate committed the case of the accused to the court of Sessions. Since at the inception charge sheet had been filed for the offence u/s. 392 r/w. 34 of IPC on the basis of which charge had also been framed for the said offence and the Magistrate had issued summons to the witnesses and taking into account that A2 who is similarly placed as that of this petitioner has been granted bail by this Court, in the circumstances, I do not find any justification to decline the request of this petitioner also. Accordingly, I proceed to pass the following:-

ORDER

1) The petition is allowed;

2) The petitioner is ordered to be released on bail on his executing a personal bond in a sum of Rs. 50,000/- with one surety for the likesum to the satisfaction of the learned Sessions Judge subject to the following conditions:-

i) He shall not tamper with the prosecution witnesses;

ii) He shall attend the court on all the dates of hearing.