Karnataka High Court
Mukesh vs The State Of Karnataka on 21 March, 2025
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NC: 2025:KHC-K:1786
CRL.P No. 200995 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 21ST DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL PETITION NO.200995 OF 2024
(439(Cr.PC)/483(BNSS))
BETWEEN:
MUKESH S/O RELPUTH @ BABU KALE,
AGE: 44 YEARS, OCC: PRIVATE WORK,
R/O MELKUNDI (B), KALABURAGI.
...PETITIONER
(BY SRI AVINASH A. UPLAONKAR, ADVOCATE)
AND:
Digitally signed THE STATE OF KARNATAKA THROUGH,
by RENUKA ALAND POLICE STATION, KALABURAGI,
Location: DIST: KALABURAGI,
HIGH COURT
OF NOW REPRESENTED BY,
KARNATAKA ADDL. SPP, HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585107.
...RESPONDENT
(BY SRI JAMADAR SHAHABUDDIN, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. (OLD) U/S 483 OF BNSS, PRAYING TO, RELEASE
THE ACCUSED/PETITIONER ON BAIL IN SESSIONS CASE
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NC: 2025:KHC-K:1786
CRL.P No. 200995 of 2024
NO.62/2024 (CRIME NO.79/2017 OF ALAND POLICE STATION,
DIST: KALABURAGI), FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 396, 397, 457, 380, 379, 411, 511 OF IPC,
PENDING BEFORE THE I ADDITIONAL DISTRICT AND
SESSIONS JUDGE AT KALABURAGI.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S RACHAIAH) This petition is filed by the accused No.2 seeking regular bail in Crime No.79/2017 registered by the Aland Police Station, for the offences punishable under Sections 396, 397, 457, 380, 379, 411, and 511 of IPC.
2. Brief facts of the case are as under:
The complainant had filed a complaint stating that the house of his aunt is situated adjacent to his house. On 28.04.2017 at about 03-00 a.m. he heard the screaming voice from the said house. Immediately, he went to the said house and saw that his aunt had sustained injury on -3- NC: 2025:KHC-K:1786 CRL.P No. 200995 of 2024 the head and his sister Shridevi had also sustained injuries on her head and face and his brother Sidram had also sustained injury on the head. All the family members have sustained injuries. When he enquired his sister-in-law, it is informed that some four unknown persons entered inside the house by holding firewood, iron rod and also sharp-
edged weapon and committed theft and dacoity. After assaulting the family members, they ran away from the spot. The case came to be registered against the unknown persons. During the investigation, on the strength of the voluntary statement of the co-accused, the name of the present petitioner had emerged. Therefore, he is arrayed as accused No.2.
3. It is the submission of the learned counsel for the petitioner that the petitioner is the innocent of the alleged offences. He had been implicated in this case on the strength of the confessional statement of accused No.1. No test identification parade had been conducted to identify the petitioner. Nothing has been recovered at his -4- NC: 2025:KHC-K:1786 CRL.P No. 200995 of 2024 instance. He was arrested in some other case and body warrant has been laid and he has been implicated in this case which had taken place two years ago. Therefore, he may be enlarged on bail by imposing suitable conditions.
4. Per contra, learned High Court Government Pleader opposed the said submissions and he further submitted that the petitioner has involved in many other cases of similar nature. In fact, the petitioner was arrested in some other cases and he has been produced through body warrant. Even though nothing has been recovered from him, the fact remains that he is one of the associates of the team led by accused No.1. Therefore, it is not appropriate grant him bail. Making such submissions, he prays to dismiss the petition.
5. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet, it appears from the record that no test identification parade has been conducted in respect of the petitioner. Nothing has been recovered at his instance. -5-
NC: 2025:KHC-K:1786 CRL.P No. 200995 of 2024 Having considered the facts and circumstances of the case, I am of the considered opinion that it is appropriate to grant him bail by imposing suitable conditions.
6. Hence, I proceed to pass the following:
ORDER
(i) The criminal petition is allowed.
(ii) The petitioner is enlarged on bail in Sessions Case No.62/2024, (Crime No.79/2017 of Aland Police Station, Dist Kalaburagi) pending on the file of the I Additional District and Sessions Judge, Kalaburagi for the offences under Sections 396, 397, 457, 380, 379, 411, and 511 of IPC, by executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court on the following conditions:
a. The petitioner shall not threaten or tamper the prosecution witnesses.-6-
NC: 2025:KHC-K:1786 CRL.P No. 200995 of 2024 b. The petitioner shall appear before the Trial Court on all hearing dates without fail.
c. The petitioner shall co-operate for investigation as and when required.
d. The petitioner shall not leave the jurisdiction of the Trial Court till disposal of the case.
Sd/-
(S RACHAIAH) JUDGE RSP List No.: 1 Sl No.: 36 CT:PK