Mr. Rizwan S/O Nooruddin Bisembar vs State Of Karnataka
2024 Latest Caselaw 12567 Kant

Citation : 2024 Latest Caselaw 12567 Kant
Judgement Date : 5 June, 2024

Karnataka High Court

Mr. Rizwan S/O Nooruddin Bisembar vs State Of Karnataka on 5 June, 2024

Author: K.Natarajan

Bench: K.Natarajan

                                                        -1-
                                                              NC: 2024:KHC-D:7589
                                                              CRL.P No. 101343 of 2024




                             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                      DATED THIS THE 5TH DAY OF JUNE, 2024
                                                     BEFORE
                                     THE HON'BLE MR JUSTICE K.NATARAJAN
                                     CRIMINAL PETITION NO. 101343 OF 2024


                            BETWEEN:


                            MR. RIZWAN S/O NOORUDDIN BISEMBAR
                            AGE. 24 YEARS, OCCP. DRIVER
                            R/O. BISEMBARA, TQ. CHATA
                            DIST.MATHURA, STATE. UTTAR PRADESH
                                                                         ...PETITIONER
                            (BY SRI. NEELENDRA.D.GUNDE., ADVOCATE)


                            AND:


                            STATE OF KARNATAKA
                            BY CHIKKODI POLICE STATION
                            REPRESENTED BY THE STATE PUBLIC PROSECUTOR
YASHAVANT
NARAYANKAR                  HIGH COURT BUILDING, DHARWAD-580001
Digitally signed by
                                                                    ...RESPONDENT
YASHAVANT NARAYANKAR
Location: HIGH COURT OF
KARNATAKA DHARWAD
BENCH
Date: 2024.06.18 11:53:22
                            (BY SRI. JAIRAM SIDDI, HCGP)
+0530


                                   THIS CRIMINAL PETITION IS FILED U/S 439 (1)(b) R/W
                            482 OF CR.P.C., SEEKING TO RELAX LAST PORTION IN
                            CONDITION NO.1 THEREBY DIRECTING THE PETITIONER TO
                            GIVE ONE SURETY FROM HIS NATIVE PLACE IMPOSED IN
                            CRIMINAL PETITION NO.101086/2022 VIDE ORDER DATED
                            08.06.2022. IN SO FAR AS THE PETITIONERS/ ACCUSED NO.3.
                                 -2-
                                      NC: 2024:KHC-D:7589
                                      CRL.P No. 101343 of 2024



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

Learned HCGP takes notice for respondent.

2. This petition is filed petitioner/accused No.3,

under Section 439(1)(b) read with 482 of Cr.P.C., for

modification of the condition No.1 in the bail granted by

this court in Crl.P.No.101086/2022 dated 08.06.2022.

3. Heard the arguments of learned counsel for the

petitioner and learned HCGP for the State.

4. Learned counsel for the petitioner submits this

court had granted bail, long back. He is in custody for

more than three years. He has offered surety on

01.07.2022, but the surety is not acceptable by the trial

court, therefore, he is ready to give local sureties. Hence,

prayed for modification of the condition No.1 passed by

this court in the aforementioned judgment.

NC: 2024:KHC-D:7589

5. Per contra, learned HCGP seriously objected the

petition contending that, if he is released on bail he may

abscond. He is from Uttar Pradesh. Therefore, this court

had rightly imposed the condition to give two sureties, one

surety from the local and another surety from the native

place of the petitioner. Hence, prayed for dismissing the

petition.

6. Having heard the arguments and perused the

records, especially the order sheet dated 1.7.2022

produced by the learned counsel for the petitioner which

reveals, the petitioners have produced affidavit of two

sureties namely Ajrudin Noordin Bishambhara and

Mahaling Channappa Kulali. The trial court has held that

the documents i.e., RTC extract produced discloses that

the lands are standing in the name of joint holders and not

exclusively in the name of these sureties. Hence surety

was rejected and ordered to furnish fresh surety.

NC: 2024:KHC-D:7589

7. Considering the facts of the case, as the

petitioner is from the Uttar Pradesh and they have

committed the dacoity/robbery in Karnataka. This court

granted bail by considering various aspects on

08.06.2022. However, the petitioner not released from

the jail in spite of granting the bail. Considering the fact

and circumstance of the case, I am of the view, the

condition requires to be modified. The condition requires

to be modified to two local sureties to the satisfaction of

the trial court.

Accordingly, this petition is allowed.

The condition No.1 regarding surety offering which is

as below,

1. The petitioner shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakhs only) two sureties for the likesum to the satisfaction of the Trial Court. Out of which one surety from his relative of his native place and another surety is local surety" surety from local and another surety from native place"

is hereby modified as under:-

NC: 2024:KHC-D:7589

1. The petitioner shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakhs only) two sureties for the likesum to the satisfaction of the Trial Court. Both the sureties may be accepted from the local surety.