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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28^TH DAY OF APRIL, 2021

BEFORE

THE HON9BLE MR. JUSTICE SURAJ GOVINDARAJ

CRIMINAL PETITION NO.3498 OF 2021

BETWEEN:

SHAFEEQURREHAMAN @ RAFIQ,

S/O LATE AMEER,

AGED ABOUT 52 YEARS,

R/A KUMBARA STREET, BELUR,

HASSAN DISTRICT 3 573 115.

PRESENTLY R/AT MAHESHWARINAGARA,

SAKALESHPURA 3 573 127.

... PETITIONER

(BY SRI.D.C.JAGADEESH, ADVOCATE)

AND:

THE STATE OF KARNATAKA,

BY MANIPAL POLICE STATION,

MANIPAL, UDUPI DISTRICT.

REPRESENTED BY THE S.P.P.,

HIGH COURT BUILDINGS,

BANGALORE 3 560 001.

... RESPONDENT

(BY SRI ROHITH B.J., HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION

438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON

BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.18/2021 OF

MANIPAL P.S., UDUPI FOR THE OFFENCES P/U/S 170, 419,

384 OF IPC.

THIS CRIMINAL PETITION COMING ON FOR ORDERS,

THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

1.

The petitioner is before this court seeking to be

enlarged on Anticipatory bail in the event of his

arrest in Crime No.18/2021 of Manipal Police

Station, Udupi for the offence punishable under

Sections 170, 419, 384 of IPC, pending on the file

of the Principal Civil Judge and JMFC, Udupi.

2.

Sri. Jagadeesh, D.C., learned counsel for the

petitioner would submit that the only allegation

made in Crime No.18/2021 in so far as the

petitioner is concerned is that the petitioner is said

to have sold 2 Sim Cards, one each to Smt.

Shabeen Bhanu and Smt. Vinutha K.K., which Sim

cards have been used by the accused for the

purpose of commission of the offence. He

submitted that in so far as the petitioner is

concerned, the petitioner has sold the Sim by

collecting the Aadhar Card and photographs of the

said purchasers, which is noted by the investigating

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officer in his report which is also extracted in the

order passed by the learned Principal District and

Sessions Judge, Udupi in Crl. Misc. No. 67/2021

dated 12.04.2021. On this ground, he submits that

the petitioner9s role was limited to the sale of Sim

Cards and not connected with any of the offences

alleged to have been committed and as such he

states that the petitioner ought to be enlarged on

Anticipatory Bail. Moresoever, the petitioner is not

required for any custodial interrogation.

3.

Sri. Rohith.B.J, learned HCGP appearing for the

respondent

-

State

would

submit

that

the

investigation is under progress and it is required to

be ascertained as to whether the petitioner is

involved in the conspiracy or not and as such

opposes the grant of Anticipatory Bail.

4.

Heard both the learned counsels.

5.

The only allegation made in so far as the petitioner

is concerned is that he has sold 2 Sim Cards to

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Smt. Shabeen Bhanu and Smt. Vinutha K.K. In this

regard he has already collected Adhar Cards of the

said two persons which has also been informed to

the Investigating Officer as documents handed

over.

6.

In view thereof, I am of the considered opinion that

there would be no need of custodial interrogation as

such which is required to be conducted in respect of

the petitioner. More so even, the counsel for the

petitioner has categorically submitted that the

petitioner would cooperate with the investigation in

all respects. In view of the above, I am of the

considered opinion that the above petition requires

to be allowed by imposing certain conditions.

7.

Hence, I pass the following:

ORDER

The anticipatory bail petition filed under Section

438 of Cr.P.C. is allowed. The petitioner is ordered to be

released on bail in the event of his arrest in Crime

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No.18/2021 of Manipal Police Station, Udupi for the

offence punishable under Sections 170, 419, 384 of IPC,

pending on the file of the Principal Civil Judge and JMFC,

Udupi on the following conditions:

i.

The petitioner shall appear before the trial

court reg