Allowed

Basheera Bi v. State of Karnataka

Karnataka HC18 Oct 2022CRL.P/8090/2022

Case brief

AI extract

What is this about?

Criminal Petition filed by two accused persons seeking anticipatory bail under Section 438 Cr.P.C. in a theft case involving a temple Hundi. The High Court allowed the petition by directing release on bail upon execution of a personal bond with one surety, subject to standard conditions including surrender, non-interference with witnesses, and not leaving the jurisdiction.

What did the court decide?

Petitioners directed to be enlarged on bail by executing a personal bond of Rs.50,000 with one surety and complying with surrender within 15 days and other conditions.

Basheera Bi Vs State of Karnataka — Anticipatory Bail | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF OCTOBER, 2022

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BEFORE

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THE HON’BLE MR. JUSTICE RAJENDRA BADAMIKAR CRIMINAL PETITION No.8090 OF 2022

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BETWEEN:

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BASHEERA BI W/O SYED IQBAL AGED ABOUT 48 YEARS BEEDI WORK R/O 1^ST MAIN, 2^ND CROSS AMARAPPANA THOTA DAVANAGERE TALUK DAVANAGERE DISTRICT-577001

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DADAPEER

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S/O ABDUL MAJID AGED ABOUT 48 YEARS GARAGE WORK R/O 92, 1^ST CROSS BASHANAGARA DAVANAGERE TALUK DAVANGERE DISTRICT-577001

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...PETITIONERS (BY SMT. CHANDRAKALA RAJANNA, ADVOCATE FOR SRI. O. RAJANNA, ADVOCATE-PH)

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AND:

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STATE OF KARNATAKA BY BHARAMASAGARA POLICE STATION REP. BY ITS GOVERNMENT PLEADER HIGH COURT COMPLEX BANGALORE-560 001

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… RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP-PH)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C., PRAYING TO GRANT AN ORDER OF ANTICIPATORY BAIL BY DIRECTING THE RESPONDENT TO RELEASE THE PETITIONERS ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.427/2017 (C.C.NO.3394/2021) OF BHARAMASAGARA P.S., CHITRADURGA DISTRICT FOR THE OFFENCE P/U/S 457, 380, 401, 414 OF IPC PENDING BEFORE THE II ADDL. CIVIL JUDGE AND JMFC, CHITRADURGA.

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THIS CRIMINAL PETITION IS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner-accused No. 4 and 2 respectively have filed this petition under Section 438 of Cr.P.C. seeking anticipatory bail in the event of their arrest in by Bharamasagara police station in Crime No.427/2017 registered in C.C. No.3394/2021 for the offences punishable under Section 457, 380, 401, 414 of IPC, pending on the file of II Additional Civil Judge and JMFC, Chitradurga.

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The brief factual matrix leading to the case are that, the complainant is the President of the Management Committee of Maheshwara Temple situated in Lakshmisagar village and on 26.11.2017, morning

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at 5.30 a.m, he got information that come culprits have committed theft of the Hundi of the temple by breaking open the lock of the temple, as well as lock of the Hundi and in this regard, he lodged a complaint.

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On the basis of the complaint, the Investigating Officer registered the crime and initially he submitted the C-final report as he was unable to trace the culprits. But, however, during the course, accused No.1 was arrested in a different crime. During the course of investigation in that crime, the involvement of the petitioners in this crime came to be noticed. Hence, this case was re-opened and body warrant was sought. Accordingly, body warrant was obtained and on interrogation, accused No.1 has revealed the involvement of himself and other accused in the theft and hence, the Investigating officer has submitted the charge sheet.

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The petitioners had approached the learned Sessions Judge and the learned Sessions Judge has rejected the bail petition. Hence, the petitioners are before this Court.

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Heard the learned counsel for the

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petitioners/Accused Nos.4 and 2 and the learned HCGP for the Respondent-State. Perused the records.

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Having heard the arguments and perusing the records, it is evident that the alleged theft was said to have committed on 26.11.2017. Further, the complaint was lodged on the said day at 11 a.m, but the Investigating Officer subsequently submitted C-final report as he was not in a position to trace out the culprits. Subsequently, accused No.1 was arrested in a different crime and body warrant was obtained against him in this crime and on interrogation, the information regarding this

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crime was traced out and Investigating Officer submitted the charge sheet in this case.

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The allegations in the charge sheet further disclose that the petitioners broke open the door of the temple, as also lock of the Hundi by using iron rod and stone. However, the allegations further disclose that the finger prints of accused No.1 were traced. The allegation against petitioner No.1/Accused No.4 is that she was on watch and stolen amount from the Hundi to the tune of more than Rs.46,000/- was initially kept in her house and later on, it was distributed amongst other accused. All these facts clearly establish that there are no eye witnesses at this juncture. The entire case of the prosecution is based on alleged statement of accused No.1. The material objects have already been recovered and the charge sheet disclose that nothing was recovered from the custody of accused No.1 regarding this offence. The offence is said to

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have committed five years back and offences alleged are not punishable with death or life imprisonment. Petitioner No.1/accused No.4 is a woman and falls under exception. The entire case is based on the statement of co-accused. The investigation has been already concluded and charge sheet has been laid.

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Under these circumstances, I do not find any impediment to admit the petitioners for anticipatory bail. The further apprehension raised by the learned HCGP can be meted out by imposing certain conditions. Hence, without expressing any opinion regarding merits of the case, the bail petition needs to be allowed and accordingly, I proceed to pass the

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following:-

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ORDER

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petitioners/Accused Nos.4 and 2 are directed to

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be enlarged on bail in Crime No.427/2017 of Bharamasagara Police Station, registered for the offence punishable under Sections 457, 380, 401, 414 of IPC which is pending on the file of the II Additional Civil Judge and JMFC, Chitradurga, on they executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with one surety for the like-sum to the satisfaction of the trial Court, subject to the following conditions that,-

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i. They shall surrender before the concerned Court within 15 days from the date of receipt of certified copy of this order and in the event of surrender, they shall be released on bail.

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ii. They shall not indulge in any of the criminal activities;

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iii. They shall not tamper the prosecution witnesses either directly or indirectly.

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iv. They shall not leave the jurisdiction of the Court, without prior permission.

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v. They shall attend the Court on all the dates of hearing unless they are exempted by a specific order.

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vi. They shall co-operate for speedy disposal of the matter.

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Sd/-

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JUDGE

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Basheera Bi v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Basheera Bi v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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