Dismissed

Shamshuddin Naveed S/O Mohammad Ali Moula v. the State of Karnataka

Karnataka HC13 Sept 2023CRL.P/102053/2023

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail for alleged offences under IPC Sections 420 and 465 regarding seizure of fake documents while carrying gold. Court declined bail due to petitioner's failure to appear before investigation despite notices and admission of prior similar offences, deeming custodial interrogation necessary.

What did the court decide?

Petition for anticipatory bail under S. 438 Cr.P.C. is rejected.

Shamshuddin Naveed S/O Mohammad Ali Moula Vs the… — Cheating and Forgery | Karnataka HC (2023)

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NC: 2023:KHC-D:10496 CRL.P No. 102053 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 13^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. 102053 OF 2023

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BETWEEN:

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SHAMSHUDDIN NAVEED, S/O. MOHAMMAD ALI MOULA, AGE: 41 YEARS, OCC: BUSINESS, R/O. BAITUL, NAVEED, BHATKAL, UTTARA KANNADA-5.

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…PETITIONER

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(BY SRI. R. H. ANGADI, ADVOCATE)

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AND:

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CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2023.09.15 11:09:41 +0530

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THE STATE OF KARNATAKA, (BHATKAL TOWN POLICE STATION), R/BY STATE PUBLIC PROSECUTOR, THE HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011.

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(BY SMT.GIRIJA S.HIREMATH, HCGP)

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…RESPONDENT

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THIS CRIMINAL PETITION IS FILED U/SEC. 438 OF CR.P.C. SEEKING TO ISSUE A DIRECTION TO THE BHATKAL TOWN POLICE TO ENLARGE THE PRESENT PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH THEIR P.S.CRIME NO.40/2021, DATED 31.03.2021, FOR THE OFFENCES PUNISHABLE U/SEC. 420 AND 465 OF IPC.

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

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2 - NC: 2023:KHC-D:10496 CRL.P No. 102053 of 2023

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ORDER

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Apprehending his arrest in Crime No.40/2021 of Bhatkal Town Police Station for the offences punishable u/secs.420 and 465 of Indian Penal Code (for short, ‘IPC'), petitioner who is at present the sole accused has come up with this petition u/sec.438 Cr.P.C. seeking anticipatory bail.

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In support of the petition, petitioner has contended that he is innocent and law abiding citizen. He has not committed the alleged offences.

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2.1 As per the complaint averments, on 19.02.2021, petitioner was arrested by the customs officers for carrying gold weighing 943.12 grams worth Rs.45,44,295/- and they recovered 3 documents namely, Aadhar card, driving licence and passport. It is alleged that the said documents are fake. They have been referred to Deputy Director, Directorate of Revenue Intelligence, Vishal Khand, Gomti Nagar, Lucknow, U.P.

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3 - NC: 2023:KHC-D:10496 CRL.P No. 102053 of 2023

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2.2 The alleged incident occurred on 19.02.2021

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whereas the present complaint is registered on 31.03.2021. There is delay of more than 1-½ months in filing the complaint. Petitioner has been granted bail in the main case registered by the customs authorities. His custodial presence is not required for investigation. The alleged offences are triable by the Magistrate. Petitioner is a permanent resident of the address given in the cause title. He is ready and willing to abide by any conditions that may be imposed and prays to allow the petition.

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Learned HCGP submitted oral objections stating

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that on 19.02.2021, petitioner was intercepted by the customs officers at Lucknow, Uttar Pradesh while carrying gold weighing 943.12 grams worth Rs.45,44,295/-. At that time, an Aadhar card, driving licence and passport found with the petitioner were seized. The Deputy Director, Directorate of Revenue Intelligence, Vishal Khand, Gomti Nagar, Lucknow, U.P. forwarded the same to S.P., Karwar to examine whether they are genuine documents. In turn,

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4 - NC: 2023:KHC-D:10496 CRL.P No. 102053 of 2023

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S.P., Karwar has forwarded them to CPI, Bhatkal. In turn,

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he has referred them to Sub-Inspector to examine and report. Accordingly, case is registered in Crime No.40/2021 for the offences punishable u/secs.420 and 465 IPC and investigation is taken up.

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3.1 Though notice u/sec.91 Cr.P.C. is issued to the petitioner to appear and provide information, he has not chosen to appear before the investigating officer. The investigation so far conducted reveal that the petitioner is engaged in smuggling based on fake documents, his interrogation as to where the documents were concocted

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and whether any other person is involved is to be investigated and prays to reject the petition.

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4. Heard arguments and perused the record.

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Thus, it is the specific case of the prosecution

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that on 19.02.2021, accused was intercepted by the customs authorities while carrying gold weighing 943.12 grams worth Rs.45,44,295/- and at that time an Aadhar

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5 - NC: 2023:KHC-D:10496 CRL.P No. 102053 of 2023

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card, driving licence and passport were seized from him. Though the gold which the petitioner was carrying was below the specified weight attracting the legal liability, entertaining doubt with regard to the genuineness of the documents seized from his possession, the Directorate of Revenue Intelligence, Vishal Khand, Gomti Nagar, Lucknow, U.P. has forwarded it to the concerned police to investigate and report.

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In order to enquire the petitioner about the genuineness of the said documents, the investigating officer has issued notice u/sec.91 Cr.P.C. to the petitioner. Though thrice the said notice was issued, he has not chosen to appear before the investigating officer and produce the original documents and co-operate in the investigation. During the course of his statement before the revenue authorities, he has admitted that earlier also he is involved in similar offence on the basis of fake documents and the involvement of others in the crime in question. To ascertain how the documents are concocted

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and who are all involved in the same, the custodial interrogation of the petitioner is necessary. In depth investigation as to the modus operandi of petitioner in securing fake documents and on that basis traveling in different names is required to be made by the investigating officer. Taking into consideration the facts and circumstances of the case, this Court is of the considered opinion that the petitioner is not entitled for anticipatory bail and accordingly, the following:

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ORDER

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The petition filed under Section 438 Cr.P.C.

is rejected.

Sd/JUDGE

CLK

List No.: 1 Sl No.: 5

Shamshuddin Naveed S/O Mohammad Ali Moula v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Shamshuddin Naveed S/O Mohammad Ali Moula v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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