Mohammed Ajaz @ Kerala 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 in Crime No.68/2021 of Kolar Town Police Station,

Kolar Town Circle, Kolar, for the offence punishable under Sections 353 and 307 read with Section 34 of IPC.

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

The factual matrix of the case is that, when the police was on patrolling duty on 06.06.2021 in connection with Covid-19 Pandemic, two unknown

persons snatched the gold chain from a women and in this regard, case was registered in Crime No.67/2021 for the offence punishable under Section

392 of IPC and the police were under the impression that the accused persons, who have committed the offence are between the age group of 20 to

25 years and their description is also given. Accordingly, when the police were doing ghast duty, found two persons in a motorcycle having similar

description and when they stopped the motorcycle, the person, who was sitting in front portion of the said motorcycle, tried to gave blow with the

dragon, the police escaped from the said blow. The other accused pulled him, as a result, he fell down. Immediately, when his colleague rushed to the

spot, they escaped from the spot in the motorcycle bearing No.KA-04-JZ-6102. Based on the complaint, the police have registered the case. This

petitioner, who is arraigned as accused No.1 was arrested on 07.06.2021 and the matter is under investigation.

Learned counsel appearing for the petitioner would submit that this petitioner is innocent and he has not indulged in such offence and he has been

falsely implicated in the case. The counsel would also submit that no injury is sustained by the police officials, even though specific allegations are

made and no such incident has taken place and no single piece of material available to show that an attempt was made to take away the life and no

medical report is placed. Hence, he may be enlarged on bail.

Per contra, learned High Court Government Pleader appearing for the respondent-State would submit that the petitioner is a habitual offender and

four cases are registered against him for the offence punishable under Section 392 of IPC i.e., Crime Nos.21/2021, 28/2021, 67/2021 and 69/2021 and

including the present case, there are five cases against him. When an attempt is made to take away the life of the police with the dragon like knife, the

complainant escaped from the said blow. Hence, there is a prima facie case against this petitioner.

Having heard the respective counsel and also taking note of the allegations made in the present complaint, no doubt, it is alleged that he tried to

inflict injury with dragon, but, no injuries are sustained. But, the complainant says that he escaped from the said blow. It is also not in dispute that there

are four cases registered against this petitioner and all the cases are registered for the offence punishable under Section 392 of IPC. When the matter

is under investigation and there are several cases registered for committing similar offence and though the counsel submits that, in all the other cases,

the petitioner has been enlarged on bail and having taken note of the gravity of the offence, the nature of allegations made in the complaint and the

fact that police officials have not sustained any injury and taking note of similar offences, reserving liberty to the State to seek for cancellation of bail

order, it is a fit case to exercise the powers under Section 439 of Cr.P.C., subject to imposing certain conditions to protect and safeguard the interest

of the prosecution. Hence, I pass the following:-

ORDER

The Petition is allowed. Consequently, the petitioner/accused shall be released on bail in Crime No.68/2021 of Kolar Town Police Station, Kolar Town

Circle, Kolar, for the offence punishable under Sections 353 and 307 read with Section 34 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) It is made clear that, if the petitioner indulges in committing similar offence in future, liberty is reserved to the State to approach this Court for

cancellation of bail granted in favour of this petitioner.