Allowed

Khaurshrad Ali v. State of Karnataka

Karnataka HC3 Dec 2024CRL.P/8326/2024

Case brief

AI extract

What is this about?

Accused Nos.6 and 9 in a jewellery shop house-breaking and theft case sought regular bail under Section 439 Cr.P.C. The court noted the recovery panchanama was conducted in Uttar Pradesh without local panchas, no criminal antecedents, and parity with co-accused already granted bail; it allowed the petition.

What did the court decide?

Petitioners enlarged on bail on personal bond Rs.2,00,000 each with two sureties (one local), with conditions to appear before trial court, not tamper with witnesses or commit similar offences, and fu

Khaurshrad Ali Vs State of Karnataka — Cheating and Forgery | Karnataka HC (2024)

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NC: 2024:KHC:49570 CRL.P No. 8326 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 8326 OF 2024

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BETWEEN:

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KHAURSHRAD ALI S/O LATE SARTHAZ ALI, AGED ABOUT 34 YEARS, UTP NO. 1323/2023

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ABDUL MAILK S/O LATE SARTHAZ ALI KHAN AGED ABOUT 28 YEARS, UTP NO. 1326/2023

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BOTH ARE RESIDENT OF KARALA, DANTHGAJ TALUK, BADUN DISTRICT. UTTAR PRADESH STATE.

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…PETITIONERS

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(BY SRI. NISAR SAB, ADV.)

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Digitally signed by NANDINI MS Location: High Court of Karnataka

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AND:

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STATE OF KARNATAKA SHO, CHANDRASHEKARAPURA PS, TUMKUR DISTRICT, REPTD BY S.S.P., HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

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…RESPONDENT

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(BY SRI. CHANNAPPA ERAPPA, HCGP)

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THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.87/2023 AND C.C.NO.33/2024 FOR THE OFFENCE P/U/S 457,380,120b OF IPC AND SEC.25(1AA),27(2) OF ARMS ACT REGISTERED BY THE RESPONDENT/ CHANDRASHEKARAPURA P.S. TUMKUR NOW PENDING

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NC: 2024:KHC:49570 CRL.P No. 8326 of 2024

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ON THE FILE OF THE HONBLE CIVIL JUDGE AND J.M.F.C COURT GUBBI.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused Nos.6 and 9 in S.C.No.125/2024 pending before

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the Court of VI Addl. District and Sessions Judge, Tumakuru arising out of crime No.87/2023 registered by Chandrashekharpura Police Station, Tumakuru, for the offences punishable under Sections 380, 457 & 120(B) of IPC and Sections 25(1AA) & 27(2) of the Arms Act, 1959, are before this Court under section 439 of Cr.P.C. seeking regular bail.

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Heard the learned counsel for the parties.

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F.I.R. in Crime No.87/2023 was registered by

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Chandrashekharpura Police Station, Tumakuru, initially for the offences punishable under Sections 380 & 457 of IPC against unknown 6 to 7 persons on the basis of first information dated 13.10.2023 received from Mohan Lal S/o Jesaram, resident of Hebbur village Tumakuru taluk. During the course of investigation of the case, the petitioners herein were arrested and remanded to judicial custody on 15.11.2023. Investigation

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NC: 2024:KHC:49570 CRL.P No. 8326 of 2024

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in the case is completed and charge sheet has been filed against 14 persons and the petitioners herein are arrayed as accused Nos.6 and 9 in the charge sheet.

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The bail application filed by the petitioners in Crl.Misc.No.489/2024 before the jurisdictional Sessions Court was rejected on 28.03.2024. Therefore, the petitioners are before this Court.

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Learned counsel for the petitioners submits that the accused Nos.5, 7 and 9 have been granted regular bail by this Court in Crl.P.No.12169/2024 and Crl.P.No.5640/2024. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP has opposed the bail petition and submits that another case in Crime No.88/2023 is registered against the petitioners by Chandrashekharpura Police Station, Tumakuru, for similar offences. Accordingly, he prays to dismiss the petition.

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First information was submitted by Mohan Lal on 13.10.2023 and it is averred that he is residing in Hebburu village Tumakuru for the last 20 years and he originally hails from Rajastan. On 12.10.2023 he had closed his jewellery shop

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4 - NC: 2024:KHC:49570 CRL.P No. 8326 of 2024

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at about 7.00 pm and after locking the shutters he had returned home. At about 2.15 am on the intervening night of 12.10.2023 and 13.10.2023, he received a censor call on his mobile phone and immediately he informed his friends to come near his jewellery shop and also informed the police. When he reached his jewellery shop he found that the shutter of his shop was broke open with the help of a gas cutter and gold and silver jewellery worth about Rs.5 lakhs was found missing. In the CCTV footage it was found that about 6 persons who were wearing mask and gloves had entered the shop and committed theft of silver and gold articles which were found missing. It is in this background on 13.10.2023 at about 6.30 am the first informant had approached the police and submitted his first information. During the course of the investigation the police arrested the petitioners herein on 31.10.2023, and subsequently, they were remanded to judicial custody.

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At the instance of petitioners and other accused, who were arrested recovery of 13 silver ornaments were allegedly made in the house of Munesh Babu in Allapur, Badayi District, Uttar Pradesh and recovered silver ornaments totally measured 12 kgs and 650 grams. The recovery panchanama would go to

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5 - NC: 2024:KHC:49570 CRL.P No. 8326 of 2024

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show that, panch witnesses to the panchanama hail from Gubbi Taluk, Tumakuru District. In the recovery mahazar it is stated that the investigating officer had summoned the panch witnesses to Chandrashekarapura Police Station and thereafter had taken them in a jeep to the house from where seizure has been done. The seizure is said to have been done at Badayi District, Uttar Pradesh and the Police have not secured any local panchas.

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Considering, the aforesaid aspects of the matter and also taking into consideration that the accused persons do not have any criminal antecedents and crime No.88/2023 was registered after registration of FIR in present case by the very

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same police station alleging that an attempt was made by unknown persons to commit theft in another jewellery shop. Accused Nos.5, 7 and 9 have been granted regular bail in Crl.P.No.12169/2024 and Crl.P.No.5640/2024. The reasoning assigned by this Court in the aforesaid Criminal petitions in Crl.P.No.12169/2024 and Crl.P.No.5640/2024 will also apply to the case of the petitioners herein.

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Accordingly, the following:

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NC: 2024:KHC:49570 CRL.P No. 8326 of 2024

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ORDER

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The Criminal Petition is allowed .

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The petitioner is directed to be enlarged on bail in S.C.No.125/2024 pending before the Court of VI Addl. District and Sessions Judge, Tumakuru arising out of crime No.87/2023 registered by Chandrashekharpura Police Station, Tumakuru, for the offences punishable under Sections 380, 457 & 120B of IPC and Sections 25(1AA) & 27(2) of the Indian Arms Act, 1959, subject to the following conditions:

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a) Petitioner shall execute personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakh only) each with two sureties (out of which one surety shall be local surety) for the likesum, to the satisfaction of the jurisdictional Court;

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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;

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

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d) The petitioner shall not involve in similar offences in future;

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NC: 2024:KHC:49570 CRL.P No. 8326 of 2024

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e) The petitioner shall furnish his mobile phone number and also his address proof to the SHO of Chandrashekarapura Police Station and also to the Trial Court.

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Sd/(S VISHWAJITH SHETTY)

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JUDGE

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List No.: 1 Sl No.: 19

Khaurshrad Ali v. State of Karnataka

Case brief

What is this about?

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Khaurshrad Ali v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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