Allowed

Ovimulla @ Abhi Mulla @ Bappi v. State of Karnataka

Karnataka HC12 Jan 2024CRL.P/10899/2023

Case brief

AI extract

What is this about?

An accused whose bail was cancelled after a subsequent conviction under the Foreigners and Passport Acts challenged the cancellation under Section 482 Cr.P.C. The High Court found no violation of bail conditions, set aside the cancellation order, restored bail, and directed weekly police attendance.

What did the court decide?

Order dated 14.08.2023 in S.C. No.201/2017 cancelling bail set aside; bail order dated 12.01.2017 in Crl.Misc. No.1876/2016 restored, with condition of weekly Sunday police attendance.

Ovimulla @ Abhi Mulla @ Bappi Vs State of Karnataka — Bail and Remand | Karnataka HC (2024)

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1 - NC: 2024:KHC:2058 CRL.P No. 10899 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 10899 OF 2023

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BETWEEN:

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OVIMULLA @ ABHI MULLA @ BAPPI S/O ANWAR MULLA, AGED ABOUT 25 YEARS, R/AT C/O. HANUMANTHARAYAPPA, VAJARAHALLI, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562 123.

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ALSO:

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PAL BISHNUPUR VILLAGE, PEDOLIA POST, KALIA TALUK, NODAIL DISTRICT, BANGALADESH - 7520.

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…PETITIONER

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(BY SRI. GIREESHA. R. J., ADVOCATE)

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Digitally signed by VEDAVATHI A K Location: High Court of Karnataka

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AND:

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STATE OF KARNATAKA NELAMANGALA TOWN POLICE STATION, BENGALURU RURAL DISTRICT - 562 123. REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

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SRI. HANUMANTHAYAPPA, S/O. LATE. BYLAPPA, AGED ABOUT 65 YEARS, R/AT VAJARAHALLI, KASABA HOBLI,

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NC: 2024:KHC:2058 CRL.P No. 10899 of 2023

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NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562 123.

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…RESPONDENTS

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(BY SRI. K. NAGESHWARAPPA, HCGP FOR R1)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 14.08.2023 PASSED IN S.C.NO.201/2017 BY THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU AND RESTORE THE BAIL ORDER DATED 12.01.2017 IN CRL.MISC.NO.1876/2016.

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

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ORDER

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This criminal petition is filed by the petitioner-accused No.3 under Section 482 of Cr.P.C. for setting aside the order 14.08.2023 passed in S.C. No.201/2017 whereby the VII Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, cancelled the bail under Section 439(2) of Cr.P.C. granted in Criminal Misc. No.1876/2016 on 12.01.2017.

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Heard the arguments of Learned counsel for the petitioner and learned High Court Government Pleader for the respondent State.

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The case of petitioner is that the petitioner was involved in criminal case for the offences punishable under

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3 - NC: 2024:KHC:2058 CRL.P No. 10899 of 2023

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Sections 302 and 201 of IPC and there is no eyewitness to the incident. Considering the same, the Sessions Judge granted regular bail by imposing the conditions of executing the personal bond for Rs.1.00 lakh with two solvent sureties and he shall not repeat the similar offences, etc. Subsequently, the petitioner involved in a case in a Crime No.53/2022 registered by K.G. Nagar Police station for the offences punishable under Sections 379 and 485 of IPC, apart from Section 12(1)(c) of Passport Act, Section 14 of the Foreigner's Act and Section 98 of Karnataka Police Act. The trial went on and the petitioner was convicted by the Magistrate in C.C. No.19789/2022 dated 04.02.2023. Subsequently, there was an application Under section 439(2) of Cr.P.C. Accordingly, the trial Court cancelled the bail on the ground that he has violated the terms and conditions under the provisions of Section 12(1)(c) of Passport Act and Sections 379 and 485 of IPC.

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Having heard the arguments of learned counsel for

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the parties, perused the records.

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Of course, the trial Court while granting the order of bail held that there should not be repeated similar offences of

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NC: 2024:KHC:2058 CRL.P No. 10899 of 2023

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any nature. After trial, the trial court acquitted the petitioner under Sections 379 and 485 of IPC and Section 98 of Karnataka Police Act, but convicted under Section 14 of Foreigners Act and 12(1)(c) of Passport Act. If the petitioner has already violated the provisions of Passport Act and the Foreigners Act, there can be no fresh the offence committed by the petitioner under Sections 302 and 201 of IPC. However, he has been acquitted under Section 379 and 485 of IPC.

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The trial has been conducted in the year 2022 and the petitioner has been convicted only for the offence punishable under the Foreigners Act and convicted 1 year for the offence punishable under the Foreigners Act but acquitted for the offences punishable under Sections 302 and 201 of ICP. There is no violation of conditions by the petitioner and he has not violated any of the conditions while passed in the order of bail. However, while canceling the bail, it has been held that the petitioner has committed the similar offences, but it cannot be said to be the petitioner repeated the offences in order to get cancellation of bail. The petitioner is said to be residing in Nelamangala Taluk for more than 20 years and he said to be married having a child. Such being the case, there is no reason

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5 - NC: 2024:KHC:2058 CRL.P No. 10899 of 2023

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assigned by the trial Court for cancellation of the bail granted to the petitioner.

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Accordingly, the criminal petition is allowed. The order 14.08.2023 passed in S.C. No.201/2017 whereby the VII Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, is hereby set aside and the bail order passed in Criminal. Misc. No.1876/2016 on 12.01.2017 stands restored.

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However, the petitioner is directed to mark attendance before the police every Sunday until disposal of the main case. The trial Court is directed to dispose of the main case within six months from the date of receipt of copy of this order.

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Sd/JUDGE

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CS List No.: 1 Sl No.: 63 CT:SK

Ovimulla @ Abhi Mulla @ Bappi v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Ovimulla @ Abhi Mulla @ Bappi v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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