Mohammed Juber @ Juber vs The State Of Karnataka
2024 Latest Caselaw 471 Kant

Karnataka High Court

Mohammed Juber @ Juber vs The State Of Karnataka on 5 January, 2024

Author: Mohammad Nawaz

Bench: Mohammad Nawaz

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                                                     NC: 2024:KHC:548
                                              CRL.P No. 12281 of 2023




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 5TH DAY OF JANUARY, 2024

                                    BEFORE
                   THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
                     CRIMINAL PETITION NO. 12281 OF 2023


            BETWEEN:

                MOHAMMED JUBER @ JUBER
                S/O. LATE YUNAS PASHA,
                AGED ABOUT 18 YEARS,
                R/AT NEAR LEELA TALKIES,
                ASHRAYA BADAVANE,
                HUNSUR,
                PIN CODE-571 105.


                                                        ...PETITIONER
            (BY SRI. LETHIF B.,ADVOCATE)

            AND:
Digitally
signed by
NARASIMHA
                THE STATE OF KARNATAKA
MURTHY
VANAMALA        BY HUNSUR TOWN POLICE,
Location:
HIGH            MYSURU DISTRICT,
COURT OF
KARNATAKA       REP. BY SPP,
                HIGH COURT BUILDING,
                BANGALORE-560 001.


                                                       ...RESPONDENT
            (BY SRI.RAJAT SUBRAMANYA, HCGP)

                THIS CRL.P IS FILED U/S.438 CR.P.C  PRAYING TO
            ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS
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                                                NC: 2024:KHC:548
                                         CRL.P No. 12281 of 2023




ARREST IN CR.NO.183/2022 OF HUNUSUR TOWN P.S.,
MYSURU DISTRICT FOR THE OFFENCE P/U/S.457 AND 511 OF
IPC PENDING ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE AND CJM HUNSUR IN C.C.NO.160/2023; THE VIII
ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU
SITTING AT HUNSUR HAS REJECTED THE BAIL PETITION ON
03.07.2023 IN CRL.MISC.NO.1182/2023.

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

                            ORDER

This petition is filed under Section 438 of the Cr.P.C.

by the petitioner/accused apprehending his arrest in Crime

No.183/2022 of Hunsur Town Police Station, Mysuru,

registered for the offence under Section 457 and 511 of

IPC.

2. Heard both the sides and perused the material on

record.

3. Crime No.183/2022 of Hunsur Town Police

Station is registered on a complaint lodged by one

Sri.Ganesha, Cashier of Renuka Bar and Restaurant,

Hunsur Town, alleging that there was an attempt to

commit theft by unknown persons on the intervening night

NC: 2024:KHC:548

of 17/18.09.2022 in his bar and restaurant. The

petitioner, who was an accused in Crime No.17/2023 of

Hunsur Town Police Station, was suspected to be involved

in the offence. It is contended by the learned counsel for

the petitioner that only on suspicion, petitioner has been

arraigned as an accused in this case and charge sheet has

been filed showing him as accused No.2. It is also

submitted that in Crime No.17/2023 of Hunsur Town Police

Station, trial was conducted and the petitioner has been

acquitted. A copy of the judgment dated 28.03.2023

passed by the learned Magistrate in C.C.No.159/2023 has

been produced.

4. At this stage, there is no sufficient material to

show the involvement of the petitioner in the commission

of the alleged offence. In view of filing of the charge sheet,

there is an apprehension of his arrest and detention. It is

submitted that the trial Court has issued NBW against the

petitioner. Therefore, the petitioner is directed to appear

before the trial Court within a period of 15 days and file a

NC: 2024:KHC:548

regular bail application and in that event, the learned

Magistrate shall consider the said application on the same

day and release the petitioner on bail by imposing suitable

conditions as it deems fit.

The petition is disposed of accordingly.

Sd/-

JUDGE

SA