Mohammad Salman Kureshi vs State Of Karnataka
2023 Latest Caselaw 7366 Kant

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                                                          NC: 2023:KHC:38431
                                                   CRL.P No. 9815 of 2023




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                      DATED THIS THE 30TH DAY OF OCTOBER, 2023
                                         BEFORE
                    THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
                         CRIMINAL PETITION NO. 9815 OF 2023
             BETWEEN:

             MOHAMMAD SALMAN KURESHI
             S/O FIROZ KURESHI
             AGED ABOUT 24 YEARS
             R/O EKINS COLONY
             TARIKERE ROAD
             BHADRAVATHI TALUK
             SHIVAMOGGA - 577 301.
                                                                ...PETITIONER
             (BY SRI RAKSHITH R, ADV.)
             AND:

             STATE OF KARNATAKA
             BY DODDAPETE POLICE STATION
             REP BY SPP, HIGH COURT OF
             KARNATAKA, AMBEDKAR VEEDHI
             BANGALORE - 560 001.
                                                               ...RESPONDENT
Digitally
signed by    (BY SRI RANGASWAMY R, HCGP)
NANDINI MS
Location:
HIGH                THIS CRL.P FILED U/S 439 CR.PC PRAYING TO ENLARGE THE
COURT OF
KARNATAKA    PETITIONER ON BAIL IN CR.NO.11/2019 OF DODDAPETE P.S.,
             SHIVAMOGGA FOR THE OFFENCE P/U/S 395 OF IPC PENDING ON
             THE FILE OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE,
             SHIVAMOGGA IN S.C.NO.126/2021.THE I ADDITIONAL DISTRICT
             AND SESSIONS JUDGE, SHIVAMOGGA HAS REJECTED THE BAIL
             PETITION ON 27.04.2023 IN S.C.NO.126/2021.


                    THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
             COURT MADE THE FOLLOWING:
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                                              NC: 2023:KHC:38431
                                         CRL.P No. 9815 of 2023




                             ORDER

Accused in S.C.No.126/2021 pending before the Court of

I Addl. District & Sessions Judge, Shivamogga arising out of

Crime No.11/2017, registered by Doddapete Police Station,

Shivamogga District for the offence punishable under Section

395 of IPC is before this Court seeking regular bail.

2. Heard the learned counsel appearing for the parties.

3. Crime No.11/2017 was registered by Doddapete

Police Station for the offence punishable under Section 394 of

IPC against six unknown persons. During the course of

investigation in the case, the petitioner was arrested and he

was arrayed as accused no.12 in the case. Investigation in the

case was completed and charge sheet was filed. After

committal, the case was numbered as S.C.No.129/2019 before

the jurisdictional sessions Court. In the said case, the petitioner

was enlarged on bail. Subsequently, since the petitioner had

absented himself before the Trial Court, a split up case was

registered against him in S.C.No.126/2021 and NBW was

issued against him. In the said case, the petitioner himself

voluntarily appeared on 16.03.2023 and on the said date he

was remanded to judicial custody.

NC: 2023:KHC:38431 CRL.P No. 9815 of 2023

4. The bail application of the petitioner in

S.C.No.126/2021 before the Court of I Addl. District & Sessions

Judge, Shivamogga was rejected on 27.04.2023. It is under

these circumstances, he is before this Court.

5. Learned counsel appearing for the petitioner

submits that in the main case, the accused persons who were

tried have been acquitted. The petitioner was earlier granted

bail on the merits of the case. Subsequently, NBW was issued

against him. He submits that the petitioner is in custody since

16.03.2023. Accordingly, he prays to allow the petition.

5. Per contra, the learned HCGP who has opposed the

bail application submits that securing the presence of the

petitioner is difficult in the event, if he enlarged on bail.

Accordingly, he prays to dismiss the petition.

6. The material on record would go to show that the

petitioner was earlier enlarged on bail in S.C.No.129/2019 by

the jurisdictional sessions Court after the case was committed

to the said Court. Subsequently, since the petitioner had

absented himself before the Trial Court, a split case was

registered against him. NBW was issued against him in the said

NC: 2023:KHC:38431 CRL.P No. 9815 of 2023

case. Thereafter, he had voluntarily surrendered before the

Trial Court on 16.03.2023 and ever since he is in custody.

7. It is not in dispute that in the main case, the

accused persons were tried for the offence punishable under

Section 395 of IPC have been acquitted by the Trial Court by

judgment and order dated 18.08.2023.

8. Be that as it may, the fact remains that the

petitioner was earlier enlarged on bail on merits. For the

mistake committed by the petitioner by not appearing before

the trial Court, he has been substantially punished..03.2023.

Under these circumstances, I am of the view that the petitioner

has made out a prima facie case for grant of regular bail.

Accordingly, the following:

::ORDER::

The petition is allowed.

The petitioner is directed to be enlarged on bail in

S.C.No.126/2021 pending before the Court of I Addl. District &

Sessions Judge, Shivamogga arising out of Crime No.11/2017,

registered by Doddapete Police Station, Shivamogga District for

NC: 2023:KHC:38431 CRL.P No. 9815 of 2023

the offences punishable under Section 395 of IPC, subject to

the following conditions:

a) The petitioner shall execute personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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;

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

d) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

Sd/-

JUDGE

NMS