Mohammed Abdul Rehaman & Others vs State Of Karnataka

K. N. Phaneendra, J

Office objections have to be complied with through e-mail or immediately after the lock down is lifted pertaining to COVID-19.

Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent â€" State and perused the

records.

The brief facts of the case are that:

The petitioners are alleged to have violated the guidelines issued by the Government by mis-using the passes given to the persons by obtaining the

same on payment knowing fully well they are fake passes.

It is contended by the learned counsel for the petitioners that the petitioners are not aware that those passes were fake. Except the offence u/s.420,

all other offences alleged are bailable. Therefore, whether the offence u/s.420 of IPC is attracted or not has to be thrashed out during the course of

full dressed investigation and trial. When all the other offences are bailable in nature and further, there is no other allegation of whatsoever against

these petitioners that they are the spreaders of pandemic COVID â€" 19, in my opinion, as they have already in custody for 25 days, they might have

understood the consequences of violation of the guidelines issued by the competent authorities. Therefore, I am of the opinion that judicial custody of

the accused persons is no more required for investigation.

In that view of the matter and considering the nature of allegations and the facts of the case, the petitioners are entitled to be enlarged on bail

particularly u/s.439 of Cr.PC. Hence, the following:

ORDER

The Petition is allowed. Consequently, the petitioners-accused shall be released on bail in connection with Crime No.0109/2020 of Kadugondanahalli

Police Station, Bengaluru, pending before the XI ACMM, Mayo Hall, Bengaluru, for the alleged offences, subject to the following conditions:

(1) The Petitioners shall execute their personal bond for a sum of Rs.50,000/- each (Rupees Fifty thousand only) with one surety for the likesum to the

satisfaction of the jurisdictional court.

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

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

(4) The petitioners shall not leave the jurisdiction of the trial court without prior permission of the court till the case registered against them is disposed

of.

(5) The petitioners shall appear before the investigating officer for investigation as and when required.

The jail authorities are directed to get the medical examination done on the accused before release in view of Pandemic COVID-19.