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Karnataka High Court · body

2019 DIGILAW 2184 (KAR)

Arif Khan v. State of Karnataka

2019-11-19

K.N.PHANEENDRA

body2019
ORDER : 1. Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records. 2. Petitioner is arraigned as accused No. 15 in C.C.No.25/2018 now numbered as S.C.No.79/2018 pending on the file of District and Sessions Judge, Ramanagaram, for the offence punishable under Sections 120(B), 370, 465, 468 r/w Sections 34 and 37 of IPC. 3. The gist of the prosecution case is that: A person by name Krishnaiah S/o Hanuma Bhovi, on 6.12.2017 at about 5.30 p.m. has noticed a group of persons gathered by the side of his village Padarahalli, Kasaba Hobli, Ramanagaram. With all curiosity, he also went there and observed a dead body in a bush. Suspecting that he might have been killed by some persons on looking at the body of the deceased, he had informed the police narrating the nature of the body he found in a bush. On receiving such information, police have registered a case in Crime No.510/2017 u/s. 302 and 201 of IPC. During the course of investigation, the police found that the said dead-body was of one Surindrapal Singh of Punjab. 4. After thorough investigation, the police have found that the accused persons are responsible for the death of deceased Surindrapal Singh. The investigation revealed so many other factors which led to the commission of the murder by the accused persons. 5. It is also to be borne in mind that initially investigation has been done by Ramanagaram Rural Police and they have filed a charge sheet and thereafter, the case has been entrusted to CID police for further investigation and they also filed an additional charge sheet in CC No.9/2019, which culminated in SC No.79/2018, pending on the file of the Ramanagaram Sessions Court. 6. After perusal of the investigation papers by both the Agencies, the case of the prosecution can be gathered that the Accused No. 1 is a Travel Agent at Punjab and he, for the purpose of wrongful gain pretending himself that he has got lot of influence and connections in Canada and he can secure Jobs to the people who are aspirants to get a job in Canada, after taking his Commission. In this background, CW-14 Gurupreeth Singh, CW-15 Manpreeth Singh and the deceased Surindrapal Singh were the aspirants to go to Canada, if they get a job. In this background, CW-14 Gurupreeth Singh, CW-15 Manpreeth Singh and the deceased Surindrapal Singh were the aspirants to go to Canada, if they get a job. In this context, on 04.12.2017, CW-14 and the deceased met Accused No. 1 and in turn Accused No. 1 assured them the job in Canada and sent them to Mumbai to meet Accused No.6. Accordingly, CW-14 Gurupreeth Singh and the deceased went to Mumbai and there, they met Accused No.6, who took them in a taxi to an un-known place and thereafter, they were confined in a house. In the mean time, it is the allegation that accused No.6 conspired with other accused persons in order to extract lot of money from CW-14 Gurpreeth Singh and the deceased Surindrapal Singh. In this background, they virtually abducted and kidnapped CW. 14 and the deceased for extracting ransom. 7. It is the further case of the prosecution that after securing CW-14 and the deceased to Mumbai, under the guise that they have to go to Bengaluru to proceed to Canada. In this context, on 05.12.2017, they were sent to Bengaluru. However, CW-14 and the deceased were taken to the custody by Accused Nos.8 to 11 with the help of Accused Nos.2 & 3 and they in fact assaulted CW-14 and the deceased with deadly weapons like Hockey stick and threatened them to make a call to their relative to pay an amount of Rs.20 lakhs to accused No.1 who was in Punjab. It is also the case that the above named accused persons have threatened the said persons to inform their relatives that CW-16 has secured Boarding pass to them to go to Canada and again on 6.12.2017, they insisted CW-14 and the deceased to make a call to their relative that they have reached Canada. The accused persons have also assured that after taking an amount of Rs.20 lakhs from CWs. 14 and 16, they would send back CW-14 and the deceased to their village. But the deceased did not heed to the request of the accused persons to give Rs. 20 lakhs and also to make a call to their relatives. The accused persons have also assured that after taking an amount of Rs.20 lakhs from CWs. 14 and 16, they would send back CW-14 and the deceased to their village. But the deceased did not heed to the request of the accused persons to give Rs. 20 lakhs and also to make a call to their relatives. In this context, it is alleged that A2, A3, A8 to A11 and their driver have assaulted the deceased on his face and other parts of the body and threatened him that they would take away his life and accordingly, A8 and A10 have assaulted the deceased with iron rod and hockey stick on the head and other parts of the body of the deceased. At that time, A2, A3, A8, A9, A10, A11 and other accused persons were tightly hold the deceased and they have also assaulted the deceased and facilitated the other accused persons to assault him. In this context, the deceased lost his life on 05.12.2017 and the Car driver took the body of the deceased and threw it in a bush. During the course of investigation, some of the accused persons have been apprehended including this petitioner. 8. Learned counsel for the petitioner strenuously contended before this Court that the investigating papers does not disclose that this petitioner has actually manipulated and concocted duplicate passports in order to make the deceased travel from Mumbai to Bengaluru or to any other place. It is only on the basis of voluntary statement of other accused persons, who are arrested, the said allegations are made. 9. On perusal of the charge sheet, the allegation against the petitioner is that the main accused are accused Nos. 1 and 6 who are the kingpins who have taken assistance of other accused persons in order to extract money from the aspirants who would like to go to foreign country in search of job. In that context it is alleged that accused No.6 has directed this petitioner to prepare fake passports in order to send the deceased Surindrapal Singh to Canada. The accused persons also said to have recovered some money from the relatives of the deceased. There is no allegation in the charge sheet as to when actually accused No.6 met C.W.15 and where actually the conspiracy has taken place and whether there is any recovery from this petitioner. The accused persons also said to have recovered some money from the relatives of the deceased. There is no allegation in the charge sheet as to when actually accused No.6 met C.W.15 and where actually the conspiracy has taken place and whether there is any recovery from this petitioner. All these aspects have to be thrashed out during the course of full dressed trial. 10. It is also worth to mention here that the assistance of accused No. 13 is alleged to have been utilized by accused No.6 for taking the deceased and CW-15 in a car from one place to another i.e., from Mumbai Airport to accused No.6 and thereafter from Hotel to Mumbai Airport. In Crl.P.No.3099/2019 filed by accused No. 13, this Court, in detail, has considered the factual aspects of the matter and come to the conclusion that during the course of trial the prosecution has to establish the conspiracy between accused No.6 and other accused person. There are no specific allegations against this petitioner that any money has been paid to this petitioner, if so, in what manner and for the purpose of doing which work. Under the above said facts and circumstances, the case against the petitioner has to be established during the course of trial. Till such point of time, there should not be any pre-conviction or sentence. In the above said circumstance, I prefer to allow the petition to grant bail to the petitioner on conditions. Hence, the following: ORDER: The Petition is allowed. Consequently, the petitioner-accused No. 15 shall be released on bail in connection with (Crime No.510/2017 of Ramanagara Police Station) pending in S.C.No.79/2018 on the file of District and Sessions Judge, Ramanagaram for the alleged offences, subject to the following conditions: (i) The petitioner shall execute a personal bond for a sum of Rs. 1,00,000/- (Rupees One Lakh only) with two solvent sureties for the like-sum to the satisfaction of the jurisdictional court. (ii) The petitioner shall not indulge in tampering the prosecution witnesses. (iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.