Karnataka High Court
Ambati Ramakrishna Reddy vs State Of Karnataka on 17 November, 2023
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NC: 2023:KHC-D:13371
CRL.P No. 102528 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 17TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.RACHAIAH
CRIMINAL PETITION NO. 102528 OF 2023
BETWEEN:
AMBATI RAMAKRISHNA REDDY
S/O LATE AMBATI PULLA REDDY,
AGE: 60 YEARS, OCC: BUSINESS,
R/O: D.NO.8/101, MAIN BAZAAR,
TADAPATHRI,
ANANTHAPUR DISTRICT-515001.
...PETITIONER
(BY SRI. RAJA RAGHAVENDRA V.NAIK, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH GANDHI NAGAR P.S.,
R/BY ITS STATE PUBLIC PROSECUTOR,
ADVOCATE GENERAL OFFICE,
DHARWAD.
...RESPONDENT
VINAYAKA (BY SMT. GIRIJA S.HIREMATH, HCGP)
BV
THIS CRIMINAL PETITION IS FILED U/SEC. 438 OF CR.P.C.
Digitally signed
by VINAYAKA B V
Date: 2023.11.28 SEEKING THAT PETITIONER/ACCUSED NO.4 MAY BE RELEASED
11:07:09 +0530
ON BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH
CRIME NO.59/2019 OF GANDHI NAGAR POLICE STATION,
BALLARI AND SPLIT UP CC NO.2275/2021 WHEREIN THE MAIN CC
NO.1092/2021 FOR THE OFFENCES P/U/S 392, 411 OF IPC ON
THE FILE OF THE PRL. CIVIL JUDGE AND JMFC., BALLARI.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2023:KHC-D:13371
CRL.P No. 102528 of 2023
ORDER
Heard Shri Raja Raghavendra V.Naik, learned counsel for the petitioner and Smt.Girija S.Hiremath, learned High Court Government Pleader for the respondent-State.
2. The petitioner herein is accused No.4 in Crime No.59/2019 of Gandhinagar Police Station for the offences punishable under Sections 392 and 411 of Indian Penal Code (for short "IPC"). The present petitioner is the resident of Tadapathri, Ananthapur District and he was declared as absconder and separate split up chare sheet is filed.
3. Brief facts of the case:-
A complaint is filed by the complainant stating that on 23.06.2019 at about 9.30 p.m. after completion of dinner, the complainant was walking in front of her house, at that time, her gold Mangalasutra was snatched away from her neck by unknown person. It was weighing about -3- NC: 2023:KHC-D:13371 CRL.P No. 102528 of 2023 50 grams, worth of Rs.1,00,000/-. Accordingly, a complaint was lodged against unknown persons. After registration of the case by the respondent-police, they conducted investigation. During investigation, they have arrested the accused and on interrogation, the accused has revealed that the said Mangalasutra was sold to the present petitioner, who was doing pawn broker and said to have received the stolen goods. Hence, he was arrayed as accused No.4.
4. It is the submission of learned counsel for the petitioner that the petitioner is innocent of the alleged offences. He was not aware about the stolen goods. In his usual course, he has purchased the gold items and paid the amount to the accused. However, he came to know about the incident only after he received intimation regarding the filing of the case. Admittedly, a split up charge sheet has been filed against him. It is further submitted that the petitioner is the permanent resident of Tadapathri, Ananthapur District and he is the earning -4- NC: 2023:KHC-D:13371 CRL.P No. 102528 of 2023 member of the family. The said goods alleged to have been purchased by the petitioner, was at the instance of accused No.3. The petitioner will abide the conditions imposed by this Court in the event of his release on bail. Making such submission, learned counsel for the petitioner prays to allow the petition.
5. Per contra, learned High Court Government Pleader for the respondent/ State vehemently opposed the bail petition and submitted that the petitioner is habitual offender, there are 4 cases pending against him, that itself indicates about the habituality. It is further submitted that the petitioner is the permanent resident of Tadapathri, Ananthapur District and there may be chances of absconding and fleeing away from justice and also there may be chances of hampering the Court proceedings. Therefore, if the bail petition is rejected, the proceedings of the Court may be proceeded swiftly and disposed of the matter as early as possible. Making such submission, -5- NC: 2023:KHC-D:13371 CRL.P No. 102528 of 2023 learned High Court Government Pleader prays to dismiss the petition.
6. Having heard learned counsel for the respective parties and also on perusal of the averments of the charge sheet, the accused No.1 and 2 said to have snatched the golden chain of the complainant and sold the same to accused No.3, who was running a pawn broker shop. Accused No.3 was also working as an employee of Railway Department. The said accused No.3 pledged the gold ornaments to accused No.4 who is the petitioner herein. The recovery effected at the instance of accused No.3, the petitioner is arrayed as accused No.4. The said fact came to know to the petitioner only after issuance of NBW against him. Hence, considering the facts and circumstances of the case, it is appropriate to grant bail to the petitioner by imposing suitable conditions. Moreover, the alleged offence is neither punishable with death nor imprisonment for life. Hence, I proceed to pass the following:
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NC: 2023:KHC-D:13371 CRL.P No. 102528 of 2023 ORDER The petition is allowed.
The petitioner/accused No.4 is ordered to be released on bail in Crime No.59/2019 of Gandhi Nagar Police Station, Ballari and split up C.C.No.2275/2021 (main C.C.No.1092/2021), in the event of his arrest by the jurisdictional police/respondent police on the following conditions:
a) The petitioner shall execute personal bond in a sum of Rs.1,00,000/- with one local surety for the likesum.
b) The petitioner shall appear before the Trial Court within one month from today.
c) It is directed the Trial Court to take bond and surety after surrendering of the petitioner.
d) The petitioner shall appear before the Trial Court on all dates of hearing.
Sd/-
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