Karnataka High Court
Mr Shakir Hussaian @ Zakir Hussaian vs State Of Karnataka on 20 January, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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CRL.P No. 12849 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 12849 OF 2024 (439(Cr.PC) /
483(BNSS))
BETWEEN:
MR SHAKIR HUSSAIN @ ZAKIR HUSSAIN
S/O LATE ABOOBAKER,
AGED ABOUT 56 YEARS,
R/AT. ERAVALLAPPIL HOUSE,
KOORKANCHERI VILLAGE, VADUKKAR POST,
TRISHUR, KERALA -680007.
...PETITIONER
(BY SRI VIKRAM RAJ A., ADVOCATE)
AND:
STATE OF KARNATAKA
THROUGH MANGALURU RURAL POLICE STATION,
DAKSHINA KANNADA DISTRICT.
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING,
Digitally signed BENGALURU-560001.
by SHILPA R
TENIHALLI ...RESPONDENT
(BY SRI M.R. PATIL, HCGP)
Location: HIGH
COURT OF
KARNATAKA THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483
BNSS) PRAYING TO RELEASE THE PETITIONER ON REGULAR
BAIL CONDITIONALLY PENDING TRIAL IN C.C.NO.2426/2024
FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 120B, 457,
342, 323, 324, 307, 395, 397, 506, 201 R/W SEC. 149 OF
INDIAN PENAL CODE, PENDING ON THE FILE OF THE HONBLE
III JMFC COURT, MANGALURU, WHICH IS REGISTERED IN
PURSUANCE OF CRIME NO.52/2024 OF MANGALURU RURAL
POLICE STATION BY THE RESPONDENT POLICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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CRL.P No. 12849 of 2024
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused No.5 in Crime No.52/2024 registered by
Mangalore Rural Police Station, Mangaluru City, for the offences
punishable under Sections 120B, 457, 352, 323, 324, 307, 395,
397, 506, 201 read with Section 149 of IPC, is before this Court
under Section 439 of Cr.P.C. seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.52/2024 was registered by Mangalore
Rural Police Station, Mangaluru City, initially for the offences
punishable under Sections 395, 397, 506 and 149 of IPC
against unknown persons based on the first information dated
22.06.2024 received from Padmanabha Kotyan, S/o late
Lokayya Poojary. During the course of investigation, petitioner
herein was arrested on 04.07.2024 and remanded to judicial
custody. Investigation in the case is completed and charge
sheet has been filed as against 18 accused persons and the
petitioner herein is arraigned as accused No.5 in the charge
sheet. Bail application filed by the petitioner before the
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CRL.P No. 12849 of 2024
jurisdictional Sessions Court in Crl.Misc.No.899/2024 was
rejected on 08.11.2024. Therefore, he is before this Court.
4. Learned counsel for the petitioner submits that accused
Nos.4, 8, 10 and 11 have been granted regular bail by this
Court. Petitioner has no other criminal antecedents.
Investigation in the case is completed and charge sheet has
been filed. His custody is no more required. Accordingly, he
prays to allow the petition.
5. Per contra, learned High Court Government Pleader has
opposed the petition. He submits that there is recovery in the
present case from the petitioner and his presence at the spot of
crime is found in the CCTV footage. Accused persons who have
been granted regular bail by this Court were not present at the
spot of crime. Petitioner hails from Kerala State and in the
event, he is enlarged on bail, he is likely to flee away from
justice. Accordingly, he prays to dismiss the petition.
6. A perusal of the charge sheet would go to show that
accused No.2 was the driver the tipper lorry belonging to the
first informant and he had conspired with his friend accused
No.3 to commit robbery in the house of first informant. In
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CRL.P No. 12849 of 2024
furtherance of such conspiracy, accused No.3 allegedly
contacted accused No.4, who in turn contacted his friend
accused No.8 from Kerala, who conspired with other accused
persons and made arrangements for committing dacoity in the
house of first informant. In furtherance of said conspiracy on
21.06.2024, accused Nos.5, 6, 7, 9, 11, 12 to 18 came in two
vehicles bearing registration No.KL-08-BH-5212 and KL-45-J-
5005 and amongst the aforesaid accused, accused Nos.5, 6, 7,
12, 13, 15, 16, 17 & 18 had entered into the compound wall of
the first informant’s house at about 08.00 p.m. on 21.06.2024
and after threatening the first informant and the inmates of the
house had allegedly committed robbery of the valuables
including gold and silver jewelry and also cash and other
articles and had escaped from the spot.
7. Accused No.5 is the part of gang of 12 members which
had come in two vehicles to commit the crime and also was a
part of the gang of nine members, who had entered into the
compound wall of first informant’s house to commit the crime.
The material on record would go to show that there is recovery
in the present case from the petitioner and learned HCGP has
also submitted that his presence is found in the CCTV footage
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CRL.P No. 12849 of 2024
of the house. Accused Nos.4, 8, 10 and 11, who have been
granted regular bail by this Court were not part of the gang
which had entered into the compound wall of house of first
informant on 21.06.2024 and allegation against the said
accused persons is about conspiracy. Gold and silver jewelry
and other valuable articles of which robbery was committed in
the present case have been recovered from accused No.13,
who was part of gang of nine members who had entered into
the compound wall of first informant’s house on 21.06.2024.
Merely for the reason that investigation in the case is
completed and charge sheet has been filed, petitioner cannot
be granted bail, more so when the charge sheet allegations
prima facie show that the accused persons have committed
heinous offence. Charge sheeted offences are punishable with
life imprisonment. Under the circumstances, I am of the opinion
that at this stage, prayer made by the petitioner for grant of
regular bail cannot be entertained. Accordingly, petition is
dismissed.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
DN/List No.: 19 Sl No.: 8/CT:PK
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