LAWS(KAR)-2017-1-9

ZULFIKAR ALI Vs. STATE OF KARNATAKA

Decided On January 05, 2017
ZULFIKAR ALI Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Case was registered in Crime No.118 of 2013 against unknown persons for the offence punishable under Sections 120- B, 121, 121(A), 123, 307, 332, 435 and 201 of the Indian Penal Code; Section 3 and 4 of Prevention of Damages to Public Property Act, 1984; and under Sections 3, 10, 11 13, 16, 17, 18 and 19 of the Unlawful Activities (Prevention) Act, 1967. Initially, the case was registered by Vyalikaval Police and thereafter the case was handed over to Central Crime Branch for further investigation. Based upon voluntary statements made before the investigating officers by A1, A2 and A3, petitioner was arrested from Karambukadai, Coimbatore on 10th May 2013 and is arraigned as accused No.13 in the present case.

(2.) The submission of the learned State Public Prosecutor is that during first week of March 2013 accused No.3 Kichan Buhari, Accused No.12 Suleman Manbhai @ Olango and accused No.13 the petitioner herein transported 20-30 kilograms of Gel Ammonium nitrate base explosive and electric detonators from Coimbatore to Satyamangala Panchayat Office (Erode) on two occasions in an Innova car bearing registration No.TN-66-0055 belonging to accused No.3 and handed over the same to accused No.9 Fakruddin-the Police to use the same in the bomb blast at Malleswaram, Bangalore. The investigation revealed that in this regard several conspiracy meetings were held at the residence of accused No.3 and accused No.13 and also at several other places.

(3.) The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence much less the offence alleged against him and it is only on the basis of the voluntary statement of accused No.2 and 3, the charge sheet has been filed against him and there are no specific overt acts against this petitioner and it is a false case filed against him by Coimbatore police and he has been arrested at the instance of Tamil Nadu police.