Karnataka High Court
Baladev Singh S/O Ramsingh vs The State Of Karnataka on 24 May, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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CRL.P.No.200286 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO.200286 OF 2023
BETWEEN:
BALADEV SINGH S/O RAMSINGH SACHKHAND
AGE: 40 YEARS, OCC: NISHANCHI
R/O H.NO. 3-6-564, YATRI NIWAS ROAD,
GURUDWARA GATE NO.4,
BADPURA NANDED MAHARASHTRA 431601
...PETITIONER
(BY SRI. KADLOOR SATYANARAYANACHARYA.,ADVOCATE)
Digitally signed by
KHAJAAMEEN L AND:
MALAGHAN
Location: High
Court of THE STATE OF KARNATAKA
Karnataka
THROUGH NEW TOWN P.S
BIDAR 585418
(REPTD BY ADDL SPP HC KHB 585103)
...RESPONDENT
(BY SRI. GURURAJ V. HASILKAR, ADVOCATE)
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CRL.P.No.200286 of 2023
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. PRAYING TO GRANT REGULAR BAIL TO THE
ACCUSED - PETITIONER HEREIN, IN S.C.NO.1/2023 PENDING
ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE,
BIDAR ARISING OUT OF CRIME NO.119/2022, FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 328 AND 420
READ WITH SECTION 34 OF IPC, REGISTERED IN NEW TOWN
POLICE STATION, BIDAR.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This petition under Section 439 of Code of Criminal Proceedings (for short 'Cr.P.C.") is filed by the petitioner - accused No.1 to enlarge him on bail in Crime No.119/2022, registered by the New Town Police Station, Bidar, for the offences punishable under Sections 328 and 420 read with Section 34 of IPC.
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02. Heard the learned counsel for the petitioner - accused No.1 and the learned High Court Government Pleader for the respondent - State.
03. The learned counsel for the petitioner submits that the allegation made in the charge-sheet does not constitute offences as alleged against the petitioner - accused No.1. Hence, the petitioner is entitled for bail.
04. On the other hand, the learned High Court Government Pleader submits that the petitioner - accused No.1 is a habitual offender and the charge-sheet material discloses the commission of aforesaid offences. He is not entitled for bail.
05. The charge against the petitioner is that he was stocking habit forming drugs.
06. Considered the submissions made by the learned counsel for the parties.
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07. Section 328 of IPC deals with punishment for causing hurt by means of poison etc., with an intention to commit the offence. Section 420 of IPC deals with punishment for cheating and dishonestly inducing delivery of property.
08. Whether the allegations made against the petitioner - accused No.1, constitute an offences punishable under Sections 328 and 420 read with Section 34 of IPC, is the matter which can be considered after full fledged trial. The petitioner - accused No.1 has made out prima-facie case to enlarge him on bail. Accordingly, I pass the following:
ORDER The Criminal petition is allowed. The Petitioner - accused No.1 is enlarged on bail in Crime No.119/2022, registered by New Town Police Station, Bidar for the offences punishable under Sections 328 and 420 read with Section 34 of IPC, subject to the following conditions:-5-
CRL.P.No.200286 of 2023
(a) Petitioner - accused No.1 shall furnish a personal bond for a sum of Rs.1 lakh with one surety for the likesum to the satisfaction of the jurisdictional Court.
(b) He shall appear before the Court as and when required.
(c) He shall not threaten or allure the prosecution witnesses in whatsoever manner.
(d) He shall not get involved in similar offences.
(e) He shall not leave the territorial limits of the Trial Court without prior permission of the Trial Court.
Sd/-
JUDGE KJJ List No.: 1 Sl No.: 8