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Rafik Khan vs State By Sira P S

Karnataka High Court · Decided on 16 April 2020 · Citation: (2020) 04 KAR CK 0012

HON’BLE JUDGES
G. Narendar, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 395
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 2165 Of 2020
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Judgment

19 paragraphs · 355 words

G. Narendar, J

(Through Video Conference)

1.

Heard the learned counsel for the petitioner and the learned H C G P.

2.

The petitioner is before this court praying that he may be enlarged on bail pending trial in S C No.110/2019. The petitioner has been charged with

the allegation of commission of offence punishable under Section 395 of IPC by the respondent police. It is case of the petitioner that he has been

falsely implicated in the above case. It is further submitted that co-accused has been enlarged on bail and that this court in respect of conviction for a

similar offence in S.C. No.21/2017 has been pleased to suspend the sentence and enlarged him on bail. In the light of the said fact, learned counsel for

the petitioner would submit that the petitioner is entitled to succeed and consequently be enlarged on bail.

3.

Per contra, learned H C G P would submit that if petitioner is enlarged on bail, he is likely to abscond.

4.

The above contention of the learned H.C.G.P cannot be appreciated in the light of the fact that the accused who has been convicted in a case for

similar offence had been secured and had been sent to custody. In the light of the fact that this court has been pleased to suspend the sentence in S.C.

No.21/2017 and further pleased to enlarge him on bail in Crl.A.No.1641/2019, this Court is of the prima facie opinion that the petitioner has made out a

case for grant of relief.

3.

Accordingly, petition is allowed as follows:

(i) Petitioner is directed to be released on bail subject petitioner executing a bond for a sum of Rs.50,000/- and furnish two sureties for a like sum. The

petitioner is granted four weeks time to comply with the conditions imposed in this order, failing which, this order shall automatically be revoked and

respondent police shall be entitled to seek for remand of the petitioner â€" accused.

(ii) Petitioner is directed to report before the respondent police on every second and fourth Sunday.

(iii) This order to be communicated to the concerned authority forthwith.