Karnataka High Court
Vakru Alias Vakkadu Alias Mahesh vs The State Of Karnataka on 18 January, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2024:KHC-D:1177
CRL.P No. 102761 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.102761 OF 2023
BETWEEN:
1. VAKRU @ VAKKADU @ MAHESH
S/O YANKAPPA SHINDE
AGE: 21 YEARS,
OCC : COOLIE,
R/O. NO.3/182, S.C. COLONY,
SATHANUR VILLAGE,
KURNOOL DISTRICT,
ANDHARA PRADESH-518313
NOW R/AT: BOCHANAHALLI VILLAGE,
TQ. AND DIST. KOPPAL-583231
2. MURTHY @ RAMU BOSLE
S/O. NAGESH PAWAR
AGE : 37 YEARS,
OCC: COOLIE,
R/O NO.3/182, S.C. COLONY,
SATHANUR VILLAGE,
VIJAYALAKSHMI
M KANKUPPI KURNOOL DISTRICT,
Digitally signed by
ANDHARA PRADESH-518313
VIJAYALAKSHMI
M KANKUPPI NOW R/AT. BOCHANAHALLI VILLAGE,
Date: 2024.01.24
11:55:34 +0530 TQ. AND DIST. KOPPAL-583231
...PETITIONERS
(BY SRI P G CHIKKANARAGUND, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH MUNIRABAD POLICE STATION, KOPPAL,
REPRESENTED BY STATE PUBLIC PROSECUTOR
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NC: 2024:KHC-D:1177
CRL.P No. 102761 of 2023
HIGH COURT OF KARNATAKA
DHARWAD-580001
...RESPONDENT
(BY SRI P.N.HATTI, AGA)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF Cr.P.C. SEEKING TO ENLARGE THE PETITIONERS ON BAIL
FOR THE OFFENCE P/U/S 394 OF IPC IN CRIME NO.168/2021
OF MUNIRABAD POLICE STATION, PENDING TRIAL OF THE
CASE BEFORE PRL. CIVIL JUDGE AND JMFC, KOPPAL.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. This petition is filed by petitioners - accused Nos.2 and 3 under Section 439 of Cr.P.C. seeking bail in crime No. 168/2021 of Munirabad Police Station registered for offence under Section 394 of IPC.
2. Case of the prosecution is that one Sri. V.A. Raju son of Sri. Ambanna had filed a complaint against unknown persons stating that on 11.07.2021 at about 08.45 pm at the backside of Vaishnavi Petrol Bunk the complainant went to nature call, at that time, some unknown persons came in a motorcycle and one of them had caught hold the hands of the complainant tightly and forcibly snatched red colour karbon company key pad -3- NC: 2024:KHC-D:1177 CRL.P No. 102761 of 2023 mobile, mount royal genuine gold colour watch worth Rs.1,500/- and cash of Rs.5,000/- from the complainant. The said complaint came to be registered in crime No. 168/2021 for the offence punishable under Section 394 of IPC. After investigation charge sheet has been filed against the petitioners for the offence under Section 394 of IPC.
3. This successive bail petition is filed by the petitioners seeking bail.
4. Heard learned counsel appearing for petitioners
- accused Nos.2 and 3 and learned AGA appearing for the respondent - State.
5. Learned counsel for petitioners would contend that the mother of petitioner No.1 is suffering from cancer and he has produced medical reports and Aadhar card for perusal. He further submits that presence of petitioner No. 1 is required for taking care of his mother who is suffering from cancer. With this he prayed to allow the petition.
6. Per contra, learned AGA contended that this is a successive bail petition and petitioners have not made out -4- NC: 2024:KHC-D:1177 CRL.P No. 102761 of 2023 any new grounds for grant of bail. With this he prayed to reject the petition.
7. Having heard the learned counsel for the parties this Court has gone through the charge sheet records and earlier order.
8. Earlier this Court considering the prima facie case, heinousness of the offence and threat to the prosecution witnesses has rejected the bail petition of the petitioners. In this successive petition bail is sought on the ground that mother of petitioner No.1 is suffering from cancer and presence of petitioner No. 1 is required for taking care of his mother. On being asked learned counsel for petitioners submits that petitioner No.1 is having a brother and a sister and he further submits that he is not aware whether father of petitioner No.1 is alive or not. Taking into consideration said submission, there are family members of petitioner No. 1 who can take care of his mother who is suffering from cancer.
9. So far as petitioner No. 2 is concerned there are no grounds made out in this successive bail petition. -5-
NC: 2024:KHC-D:1177 CRL.P No. 102761 of 2023
10. Learned counsel for petitioners would contend that that accused No.1 has been granted bail by this Court and on that ground he is seeking bail to petitioners. Accused No. 1 has been granted bail by this Court on the ground that he is infected with HIV and if he is continued in the prison it will affect other co-prisoners and he requires treatment in specialized hospital. Therefore, petitioners - accused Nos. 2 and 3 are not entitled for grant of bail on the ground of parity.
11. In view of the above, petitioners have not made out any grounds for grant of bail in this successive bail petition. Hence, petition is dismissed.
Sd/-
JUDGE LRS List No.: 19 Sl No.: 1