Zameer vs State Of Karnataka

S Vishwajith Shetty, J

Accused No.1 in C.C.No.966/2022 pending before the Court of Additional Civil Judge (Jr.Dn.) and JMFC, Channarayapatna, Hassan District, arising out of Crime No.104/2021, registered by Nuggehalli Police Station, Hassan District for offences punishable under Sections 395, 427, 120-B and 397 of IPC is before this Court seeking regular bail.

Heard the learned counsel for the parties.

On the complaint of Sri.Shreyans Jain S/o Biharilal Jain dated 06.08.2021, Nuggehalli Police, Hassan, had registered F.I.R. in Crime No.104/2021 for the offence punishable under Section 397 of IPC against four unknown persons. In the complaint it is averred that complainant is running gold jewelry business and on 06.08.2021, he along with his driver was traveling in his car bearing registration No.KA-09-MD-4233 and at about 3.00 pm when they were returning after collecting the money from other jewelers, their car was intercepted and four persons came near the car and broke open the window of the car and assaulted the complainant and his driver. They took away the amount of Rs.2,98,140/-, which the complainant was carrying, along with his mobile phone and his car key and went away. It is in this connection, complaint was lodged, which has resulted in registering F.I.R. in Crime No.104/2021 against unknown persons. On the basis of the statement made by an accused, who was apprehended in a different case at Shivamogga, petitioner who was in custody in some other case was secured under body warrant and produced before the jurisdictional Magistrate in Crime No.104/2021 on 25.02.2022. Subsequently, he was remanded to judicial custody in the said case. His bail application filed before the Court of IV Additional District and Sessions Judge, Hassan Sitting at Channarayapatna, Hassan, in Crl.Misc.No.259/2023 was dismissed on 23.03.2023. Under these circumstances, petitioner is before this Court.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case on the basis of statement made by some other accused, who is not even accused in the present case. He submits that all the other accused persons are absconding in the present case and petitioner was produced before the learned Magistrate under body warrant in the present case and thereafter, charge sheet has been filed arraying the petitioner as accused No.1.

Per contra, the learned HCGP has opposed the bail application and submits that there is a recovery from the petitioner in the present case and he has got antecedents and prays to dismiss the petition.

From the material on record it is seen that F.I.R. was registered in Crime No.104/2021 against unknown persons. Petitioner was produced under body warrant in the present case on the basis of alleged confession statement made by some other accused, who was arrested in a different case at Shivamogga. None of the accused persons in the present case have been arrested. Petitioner who was produced before the learned Magistrate under body warrant was remanded to Police custody and during interrogation it is stated that sum of Rs.5,000/- has been recovered from the accused. Except the said amount, there is no other recovery from the petitioner. Recovery of Rs.5,000/- from the petitioner itself is not sufficient to connect the petitioner to the crime. In the present case, except the confession statement of the person who is not even accused in the present case and alleged recovery of Rs.5,000/- from the petitioner, there is no other material to connect him to the crime. Charge sheet filed in the present case would go to show that except the petitioner other accused persons are shown as absconding. Petitioner was produced before the learned Magistrate under body warrant. He is in custody since 25.02.2022. Therefore, merely for the reason that he has got antecedents or that he is involved in some other cases, may not be a ground to reject the application of the petitioner for granting regular bail. Having regard to the facts and circumstances of the present case, I am of the view that, petitioner has made out a prima facie case for grant of regular bail. Accordingly, the following:

ORDER

The petition is allowed.

The petitioner is directed to be enlarged on bail in C.C.No.966/2022 pending before the Court of Additional Civil Judge (Jr.Dn.) and JMFC, Channarayapatna, Hassan

District, arising out of Crime No.104/2021, registered by Nuggehalli Police Station, Hassan District for offences punishable under Sections 395, 427, 120-B and 397 of IPC subject to the following conditions:

a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

e) The petitioner shall not involve in similar offences in future.