Karnataka High Court
Nithin Raj @ Lodde vs State Of Karnataka on 19 December, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
-1-
NC: 2023:KHC:46366
CRL.P No. 12673 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 12673 OF 2023
BETWEEN:
NITHIN RAJ @ LODDE
S/O KANTHARAJU
AGED ABOUT 18 YEARS
R/AT 5TH MAIN
D CROSS, KOTIGEPALYA
NEAR SUMANAHALLI UNDERPASS
BANGALORE - 560 021.
...PETITIONER
(BY SRI M. KRISHNE GOWDA, ADV.)
AND:
STATE OF KARNATAKA
STATE BY GIRINAGAR POLICE
REPRESENTED BY STATE PUBLIC
PROSECUTOR, HIGH COURT OF
Digitally KARNATAKA, BANGALORE - 560 001.
signed by ...RESPONDENT
NANDINI MS
Location: (BY SRI JAIRAM SIDDI, HCGP)
HIGH COURT
OF
KARNATAKA THIS CRL.P FILED U/S 439 CR.PC PRAYING TO ENLARGING
THE PETITIONER ON BAIL IN CR.NO.168/2022 OF GIRINAGAR
POLICE STATION, NOW IN S.C.NO.2020/2022, PENDING TRIAL
BEFORE LVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-
59) AT BANGALORE, FOR THE OFFENCE P/U/S 411, 397, 307 R/W 34
OF IPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
-2-
NC: 2023:KHC:46366
CRL.P No. 12673 of 2023
ORDER
Accused no.1 in S.C.No.2020/2022 pending before the Court of LVIII Addl. City Civil & Sessions Judge, Bengaluru arising out of Crime No.168/2022 registered by Girinagar Police Station, Bengaluru for the offences punishable under Sections 411, 397, 307 R/w 34 of IPC is before this Court seeking regular bail.
2. Heard the learned counsel appearing for the parties.
3. FIR in Crime No.168/2023 was registered by Girinagar Police Station initially for the offences punishable under Sections 397 & 307 R/w 34 of IPC against 3 unknown persons based on the statement of Sri Lokesh B S/o Boregowda. In his statement dated 03.06.2023 which was recorded in the hospital by the jurisdictional police, the complainant has stated that on the intervening night of 02.06.2023 and 03.06.2023 after consuming alcohol he was sitting in front of Medplus outside the bar and restaurant and at about 12.45 a.m, when he went near the bar and restaurant for taking out his motor bike, three persons arrived in a Honda Activa motorcycle bearing registration no.KA-41-X-8743 and snatched the gold chain which he was wearing on his neck. One -3- NC: 2023:KHC:46366 CRL.P No. 12673 of 2023 of them took out a machete and threatened the complainant with dire consequences. The complainant handed over two gold finger ring which he was wearing and the said person also snatched the mobile phone from the complainant. When the complainant refused to give them the password of his mobile phone, they allegedly assaulted the complainant with a machete and caused grievous injury. They also forcibly snatched a sum of Rs.20,000/- from the pocket of the complainant and escaped from the spot. During the course of investigation of the case, all the accused were arrested. The petitioner who was arrested on 22.07.2022 was produced before the jurisdictional court and remanded to judicial custody on the said date. Investigation in the case is complete and charge sheet has been filed.
4. The bail application of the petitioner in S.C.No.2020/2022 before the Court of LVIII Addl. City Civil and Sessions Judge, Bengaluru City was rejected on 24.02.2023. It is under these circumstances, the petitioner is before this Court.
5. Learned counsel appearing for the petitioner having reiterated the grounds urged in the petition submits that the -4- NC: 2023:KHC:46366 CRL.P No. 12673 of 2023 petitioner is aged about 18 years and he is in custody for last more than a year. All other accused persons have been enlarged on bail. Accordingly, he prays to allow the petition.
6. Learned HCGP has opposed the bail application. He submits that the petitioner is a habitual offender. Accordingly, he prays to dismiss the petition.
7. The material on record would go to show that on the intervening night of 02.06.2022 and 03.06.2022, when the complainant was sitting outside the bar and restaurant after consuming alcohol, three persons who had arrived at the spot in a two-wheeler had threatened him with a machete and had snatched his gold chain, 2 gold finger rings, mobile phone and cash of Rs.20,000/-. They also allegedly had assaulted the complainant and caused injury to him. During the course of investigation, the petitioner and two other juvenile accused who had allegedly committed the crime on the intervening night of 02.06.2023 and 03.06.2023 were arrested.
8. Undisputedly, the juvenile accused have been enlarged on bail. The petitioner who is aged about 18 years is in custody from 22.07.2023. Investigation in the case is complete and charge sheet has been filed. The submission -5- NC: 2023:KHC:46366 CRL.P No. 12673 of 2023 made by the learned counsel for the petitioner that in all the other cases registered against the petitioner, he has been granted bail has not been seriously disputed by the learned HCGP. Under these circumstances, I am of the view that the petitioner's prayer for grant of regular bail is required to answered affirmatively. Accordingly, the following:
ORDER The petition is allowed.
The petitioner is directed to be enlarged on bail in S.C.No.2020/2022 pending before the Court of LVIII Addl. City Civil & Sessions Judge, Bengaluru arising out of Crime No.168/2022 registered by Girinagar Police Station, Bengaluru for the offences punishable under Sections 411, 397, 307 R/w 34 of IPC, subject to the following conditions:
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (one lakh) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;-6-
NC: 2023:KHC:46366 CRL.P No. 12673 of 2023
c) The petitioner shall mark his attendance before the Girinagar Police Station on the first Sunday of every month between 10.00 a.m and 1.00 p.m, till the case registered against him is disposed of.
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future;
e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.
Sd/-
JUDGE NMS