Dismissed

Shoaib Khan S/O Anwarulla Khan Pathan v. the State of Karnataka

Karnataka HC11 Sept 2023CRL.P/102035/2023

Case brief

AI extract

What is this about?

Petitioners sought anticipatory bail under Section 438 Cr.P.C. in a diesel theft case. The High Court rejected the plea, holding that custodial presence was required to verify their involvement based on another accused's confession and to investigate linked crimes involving a stolen vehicle.

What did the court decide?

Petition for anticipatory bail rejected; custody of petitioners deemed necessary for investigation.

Shoaib Khan S/O Anwarulla Khan Pathan Vs the State of… — Anticipatory Bail | Karnataka HC (2023)

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NC: 2023:KHC-D:10337 CRL.P No. 102035 of 2023

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IN THE HIGH COURT OF KARNATAKA

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DHARWAD BENCH

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DATED THIS THE 11^TH DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MS. JUSTICE J.M.KHAZI

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CRIMINAL PETITION NO. 102035 OF 2023 (438-)

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BETWEEN:

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SHOAIB KHAN S/O ANWARULLA KHAN PATHAN, AGE: 25 YEARS, OCC: BUSINESS, R/O. SHUKRAVAR PETH, SAVANUR, TQ: SAVANUR TALUK, DIST: HAVERI-581118.

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ALAVUDDIN S/O ABDULKARIMSAB DANDEN, AGE: 25 YEARS, OCC: BUSINESS, R/O. GUNDUR VILLAGE, TQ: SAVANUR TALUK DIST HAVERI 581118

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…PETITIONERS

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(BY SRI. B. G. INDI ADV. FOR K. L. PATIL, ADVOCATES)

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AND:

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CHANDRASHEKARLAXMANKATTIMANI Digitally signed byCHANDRASHEKARLAXMANKATTIMANIDate: 2023.09.1412:33:11 +0530

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THE STATE OF KARNATAKA, THROUGH BANKAPUR PS, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD 580008.

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…RESPONDENT

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(BY SMT. GIRIJA S. HIREMATH, HCGP)

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THIS CRIMINAL PETITION IS FILED U/SEC. 438 OF CR.P.C. SEEKING TO GRANT ANTICIPATORY BAIL TO PETITIONERS/ACCUSED NO. 1 AND 2 IN CONNECTION WITH BANKAPUR P.S. CRIME NO. 76/2023 REGISTERED FOR THE OFFENCES P/U/SEC. 41(D) (1) R/W 102 OF CR.P.C. AND SEC.

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2 - NC: 2023:KHC-D:10337 CRL.P No. 102035 of 2023

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379 OF IPC PENDING ON THE FILE OF CIVIL JUDGE AND JMFC SHIGGAON.

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

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ORDER

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Petitioners who are arraigned as accused Nos.1 and 2 seeking anticipatory bail in Crime No.76/2023 for the offences punishable under Sections 41(D)(1) read with Section 102 of Criminal Procedure Code (for short, “Cr.P.C”) and Section 379 of Indian penal Code (for short, “IPC”).

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Petitioners have contended that they are peace loving and law abiding citizens. They are innocent and have not committed the alleged offences. There is no material to show that they are involved in the alleged crime. Case is registered against the unknown persons. Even if the entire case of the prosecution is taken into consideration as true, no specific role is assigned to the petitioners/accused No.1 and 2. Only on the basis statement of accused No.3, petitioners have been implicated. Petitioners are coming from a respectable

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3 - NC: 2023:KHC-D:10337 CRL.P No. 102035 of 2023

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family. They are ready and willing to abide by any conditions that may be imposed and prays to allow the petition.

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Learned High Court Government Pleader

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submitted oral objections stating that the on 13.07.2023, the complainant who is working as Additional ASI of Bankapura Police Station, Shiggaon taluka was on beat duty. He received credible information that on NH-48, some persons are engaged in stealing diesel from the vehicle which are parked by the side of the road. Immediately, he and along with his staff namely PC.976S.C.Devasur, home guard 431 Laxman Gangappa Kalal, PC.1358-S.S.Bhajantri and PC-862 Praveen Kottihal, went to Haveri- Hubballi road. At 3.00 a.m. of 14.07.2023, they found some persons looking into the fuel tank of vehicles. On sighting the Police party, immediately they started proceeding in their white Maruti Car. However, the car dashed against the road divider. As a result of which they could not proceed further. Immediately, all the three got down from the said car and ran away.

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4 - NC: 2023:KHC-D:10337 CRL.P No. 102035 of 2023

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3.1. On verification, it was noticed that the white car

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was not sporting any registration number, but its Chassis number is MAKGM858EN000584. They could not verify the engine number as because of the accident, they could not open bonnet. When they opened back door of the vehicle, they found 5 plastic cans each measuring 35 liters and in each can 30 liters of diesel was found. They also found 3 flexible pipes. Inside the car boot they found 3 plastic cans of 35 liters capacity. Out of them in 2 cans 30 liters of diesel was found. They also found an iron rod, a dragon bat, steel knife, iron hook, cutting player, 3 screwdrivers, 3 panas with these instruments the accused persons were opening the tanks of the vehicle and committing theft of diesel. While trying to escape, they caused accident by dashing it against the road divider and ran away by leaving stolen diesel and other instruments.

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3.2. Based on this information, the concerned police have seized car and as well as the diesel and other instruments. Case was registered and investigation is taken up. During the course of investigation, accused No.3

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NC: 2023:KHC-D:10337 CRL.P No. 102035 of 2023

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was arrest and on the basis of information given by him, the complicity of the petitioner came to light. The custodial presence of the petitioner is necessary to ascertain their involvement in other offences and prays to reject the bail petition.

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Heard arguments and perused the records.

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From the investigation so far conducted, it is the definite case of the prosecution that on 13.07.2023 during night beat duty, complainant who is working as ASI of Bankapur Rural Police Station, received credible information regarding some persons committing threat diesel from the vehicle which are parked by the side of the road and along with other staff, he went to the spot and found a white car and some persons about to remove diesel from another car. However, on sighting the police party, they tried to speed away in the white car, but on account of car dashing against the road divider, the car could not proceed any further. However, 3 inmates of the car managed to ran away.

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At the spot, concerned police have found 5 plastic cans each measuring 35 liters and in each can 30 liters of diesel was found. They also found 3 flexible pipes. Inside the car boot they found 3 plastic cans of 35 liters capacity. Out of them in 2 cans 30 liters of diesel was found. They also found iron rod. A dragon bat, steel knife, iron hook, cutting player, 3 screwdrivers, 3 panas, same have been seized.

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Based on the information furnished by the complainant, case is registered in Crime No.76/2023 for the offences punishable under Sections 41 (D)(1) read with Section 102 of Cr.P.C, and investigation is taken up. During course of investigation accused No.3 was arrested and the information furnished by him disclosed the fact that he and along with the petitioners/accused Nos.1 and 2 are engaged in committing threat of diesel from the vehicle which are parked by the side of the road. The vehicle in which the stolen diesel was kept appears to be a stolen vehicle, as it was not having registration plate i.e. it was not displaying the board with the registration number

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NC: 2023:KHC-D:10337 CRL.P No. 102035 of 2023

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and its chesses number is noted. In order to investigate as

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to the complicity of the petitioners in said crime and also in similar cases, the custodial presence of the petitioners/accused Nos.1 and 2 is required. Despite the fact that the accused No.3 is granted bail, having regard to the peculiar facts and circumstances of the case, this Court is of the considered opinion that petitioners/accused Nos.1 and 2 are not entitled for anticipatory bail. Accordingly, following:

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ORDER

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Petition filed by the petitioner/accused Nos.1 and 2

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under Section 438 of Cr.P.C. is hereby rejected.

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SD/JUDGE

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AC List No.: 1 Sl No.: 15

Shoaib Khan S/O Anwarulla Khan Pathan v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Shoaib Khan S/O Anwarulla Khan Pathan v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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