Karnataka High Court
Ambati Ramakrishna Reddy vs State Of Karnataka on 28 November, 2023
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NC: 2023:KHC-D:13875
CRL.P No. 102527 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 28TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.RACHAIAH
CRIMINAL PETITION NO. 102527 OF 2023
BETWEEN:
AMBATI RAMAKRISHNA REDDY,
S/O LATE AMBATI PULLA REDDY,
AGE: 60 YEARS, OCC. BUSINESS,
OWNER OF THE AMBATI PULLA JEWELLERY
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 PUBLIC PROSECUTOR,
ADVOCATE GENERAL OFFICE,
Digitally
signed by
DHARWAD.
VN
VN BADIGER
BADIGER Date:
...RESPONDENT
2023.11.29
16:43:45
+0530
(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 438 OF
CR.P.C. SEEKING THAT PETITIONER/ACCUSED NO.4 MAY BE
RELEASED ON BAIL IN THE EVENT OF HIS ARREST IN
CONNECTION WITH CRIME NO.58/2019 OF GANDHI NAGAR
POLICE STATION, BALLARI AND SPLIT UP C.C.NO.2275/2021
WHEREIN THE MAIN CC NO.1093/2021 FOR THE OFFENCES
P/U/S 392, 411 OF IPC, ON SUCH TERMS AND CONDITIONS AS
THIS HON'BLE COURT MAY DEEMS FIT AND PROPER.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC-D:13875
CRL.P No. 102527 of 2023
ORDER
Heard Shri Raja Raghavendra V.Naik, learned counsel for the petitioner and Sri. Praveena Y. Devareddiyavara, learned High Court Government Pleader for the respondent/State.
2. The petitioner herein is the accused No.4 in Crime No.58/2019 of Gandhi Nagar 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 charge sheet is filed.
3. Brief facts of the case:-
A complaint is filed by the complainant stating that on 23.06.2019 at about 12.30 p.m. after completion of marriage reception of one of her relative, the complainant along with her mother, her son and daughter were proceeding near Venkateshwara Temple, at that time, her -3- NC: 2023:KHC-D:13875 CRL.P No. 102527 of 2023 golden Mangalasutra was snatched away from her neck by unknown person. It was weighing about 10 grams, worth of Rs.25,000/-. 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 -4- NC: 2023:KHC-D:13875 CRL.P No. 102527 of 2023 Tadapathri, Ananthapur District and he is the earning 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, the 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:13875 CRL.P No. 102527 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:13875 CRL.P No. 102527 of 2023 ORDER The petition is allowed.
The petitioner/accused No.4 is ordered to be released on bail in Crime No.58/2019 of Gandhi Nagar Police Station, Ballari and split up C.C.No.2275/2021 (main C.C.No.1093/2021), 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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