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IN THE HIGH COURT OF KARNATAKA
V. Srishananda, J.
Sadiq Khan - Appellant
Versus
State of Karnataka - Respondent
Criminal Petition No. 1698 of 2022
Decided On : 12-04-2022
Bail - Criminal Law - The court allowed the bail petition of accused No.3 under Section 439 of the Cr.P.C. for the offences under Sections 395 of IPC, considering the lack of criminal antecedents, absence of the accused's name in the FIR, and the need to avoid prejudice to the trial.
Fact of the Case:
The accused filed a petition seeking bail for the offences under Sections 395 of IPC, relating to a robbery at the complainant's house. The accused contended that the seized gold ornaments were personal belongings and not linked to the robbery.
Finding of the Court:
The court found that the accused had no criminal antecedents, was not named in the FIR, and that the seized gold ornaments were from accused Nos.1 and 2. The court held that a mini trial at this stage would prejudice the trial and granted bail to the accused with stringent conditions.
Issues: The issues involved the grant of bail to accused No.3 in a case of robbery under Section 395 of IPC, considering the seized gold ornaments and the absence of the accused's name in the FIR.
Ratio Decidendi: The court's decision was based on the lack of criminal antecedents of the accused, absence of his name in the FIR, and the potential prejudice to the trial if findings were made at this stage.
Final Decision: The court allowed the bail petition of accused No.3, imposing stringent conditions including a personal bond, attendance before the police and the court, and restrictions on leaving the jurisdiction of Bangalore.
JUDGMENT
V. Srishananda, J. - Heard Sri.Syed Muzakkir ahmed, learned counsel for petitioner and Sri.K.Rahul Rai, High Court Government Pleader for respondent.
2. The present petition is filed by accused No.3 under Section 439 of the Cr.P.C. with the following prayer:
'Wherefore, the petitioner (accused No.3) most humbly prays that this Hon'ble Court be pleased to enlarge him on bail in Crime No.9/2022 of Kumaraswamy Layout Police Station, Bangalore City, for the offences under Sections 395 of IPC, which is pending on the file of Hon'ble XXX additional Chief Metropolitan Magistrate, Bangalore City, on such terms and conditions in the ends of justice'.
3. Brief facts of the case is as under:
The complaint came to be lodged by one Umar Hayath Khan son of late Khadar Khan whereby Kumarswamy Layout Police station registered a case in Crime No.9/2022 on 14.01.2022 for the offences punishable under Section 397 of Indian Penal Code (for short 'IPC') against two unknown person at the inception. In the complaint it is contended that the complainant is a resident of house bearing No.224, Yalachenahalli, Bangalore-560 078 since last 15 years. He retired from Indian aluminium Company in the year 1993. all his children are residing in foreign countries. On 12.04.2021 he lost his wife and thereafter he is living all alone in the house. When the matter stood, on 13.01.2022 at about 9 a.m., two unknown persons visited his house in the guise of taking a house for rent, he has informed that they should come next day. at that juncture, they wanted to see the house itself and that they showed a weapon and his hands were tied and thereafter they went inside the house and robbed 4 necklaces, 4 finger rings, 4 pair of ear rings, a chain and also pair of silver ear ring and cash of Rs. 3,000/- (Rupees Three thousand only) and Samsung mobile phone. During the conversation it has come to their knowledge that the name of one person was Kiran. Thereafter, police investigated the matter, interalia arrested the present petitioner who arraigned him as accused No.3 in the incident.
4. The robbed gold ornaments were seized from the custody of accused Nos.1 and 2. However, based on the voluntary statement given by the present petitioner a chain measuring 14.20 grams and one finger ring as been seized by the police.
5. In the meantime, the petitioner approached the District Court for grant of bail in criminal miscellaneous No.1630/2022. Learned District judge by order dated 18.02.2022 rejected the prayer of the petitioner. Thereafter, the petitioner is before this Court
6. Learned counsel for the petitioner reiterating the bail grounds contended that charge sheet is filed and the petitioner is not having any criminal antecedents and therefore, sought for grant of bail. He further contended that the robbed gold ornaments were seized from the custody of accused Nos.1 and 2 and the chain and ring seized from the present accused is personal ornament and therefore it is nothing to do with the present accused as it is his personal gold ornaments and hence sought for grant of regular bail.
7. Per contra learned High Court Government Pleader opposes the bail petition on the ground that all the seized gold ornaments, at this stage would definitely go against the petitioner in obtaining an order of grant of bail.
8. Perused the material on record. admittedly, the gold ornaments which were robbed from the house of the complainant is seized from the custody of accused Nos.1 and 2. When such being position what is value to be attached to the seized gold chain and finger ring is to be considered only during the trial.
9. Suffice to say, at this stage this Court cannot hold a mini trial, as the findings would prejudice the trial in one way or the other. Having regard to the fact that there are no criminal antecedents in so far as present petitioner is concerned and his name being not even shown in FIR and initially FIR was against only two persons. This Court is of the considered opinion
The main legal point established is that the grant of bail should consider the accused's criminal antecedents, presence in the FIR, and the potential prejudice to the trial if findings are made at an....
Granting anticipatory bail based on lack of evidence and the need for custodial interrogation to unearth the truth, while emphasizing the accused's cooperation with the investigating agency.
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