T.K. Ansar vs State of Karnataka

A.S. Pachhapure, J.—The Petitioner Who is a resident of Kerala was employed as a writer in the shop by one Usman of kanur Village who is carrying on business of sale of coffee and paddy.

On 25.07.2099, his employer gave a cheque for an amount of Rs. 1,70,000/- and asked the Petitioner to bring an amount of Rs. 2,70,000/- which was payable by the customer and accordingly the Petitioner went on the motorcycle bearing No. KLO13-499 and after moving to virajpet, be took an amount of Rs. 1,00,000/- form the State Bank of India and thereafter went to the customer who paid the amount of Rs. 2,70,000/-. The Petitioner While bringing the amount of Rs. 3,70,000/- in a bag, on the way, a jeep is said to have stopped on the road and few persons alighted from the same and assaulted the Petitioner and took away the amount of Rs. 3,70,000/- which was in the custody of the Petitioner. With these facts the complaint came to be registered with the police and the Petitioner has been arrested. But during the investigation the Petitioner admitted before the police that, no such dacoity took place but he and his friends the accused No. 2 to 5 have cheated the employer by retaining the amount of Rs. 3,70,000/- and gave a false complaint to the police stating that the amount had been robbed by unknown persons on the road. The accused No. 2 to 5 are still according. It is under these circumstances charge sheet has been filed against the accused Petitioner for the offence punishable under Sections 120(B), 201, 203, 406, 420 read with Section 34 of IPC. The Petitioner has been in custody for the last one year seven months that is since 09.08.2009.

The Petitioner is innocent and has not committed any offence and in he circumstances he claims that he is ready and willing to abide by conditions that may be imposed by the court for his release on bail. On these circumstances he has sought for the grant of bail.

It is the contention of the learned Counsel for the Petitioner that the amount which is said to have been robbed has not been recovered. And in the circumstances he submits that there is no material against the Petitioner for the offence registered but any how it is revealed now that the other accused 2 to 5 are absconding and in these circumstances the charge sheet came to be filed against the Petitioner alone. It is submitted before the court that charge sheet has been filed against the Petitioner for the above said offence.

As the Petitioner is in custody since for last one year and seven months and in view of the fact that the charge has been framed by the Trail Court, a direction could be given to the Session Judge to dispose of the case expeditiously as the Petitioner is from another State and it is difficult to secure his presence later. The Trail would be completed within a short time. In that view of the matter the bail Petition has to be rejected and the Petitioner will be at liberty to file a bail petition after a period of three months from the communication of this order to the learned Magistrate.

In these circumstances the petition is dismissed with a direction to the learned Magistrate to proceed on with the case against the Petitioner and complete the trail with in a period of three months form the communication of the order. The Petitioner is at liberty to move for bail if the case is not concluded within three months as stated above.

Petition is accordingly disposed of.