Karnataka High Court
Manikanta @ Mani @ Manikandan vs State Of Karnataka By on 23 May, 2023
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
-1-
CRL.P No. 3624 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 3624 OF 2023
BETWEEN:
MANIKANTA @ MANI @ MANIKANDAN,
S/O ARUMUGAM,
AGED ABOUT 42 YEARS,
RESIDING AT NO. 191,
NEAR WATER TANK,
AMBEDKAR COLONY,
VADDARAPALYA,BEGUR HOBLI,
BENGALURU - 560 068.
NATIVE ADDRESS:
NO.07, AMBEDKARNAGAR,
KILPANNATHUR,
THIRUVANAMALAI,
TAMILNADU - 604 601.
...PETITIONER
Digitally signed by
LAKSHMINARAYAN
N
(BY SRI. VINOD KUMAR N., ADVOCATE FOR
Location: High
Court of Karnataka
SRI. JAYANTHI R., ADVOCATE)
AND:
STATE OF KARNATAKA BY
ELECTRONIC CITY P.S.,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE - 560 001.
...RESPONDENT
(BY SRI. K. KRISHNA KUMAR., HCGP)
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CRL.P No. 3624 of 2023
THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CR.NO.55/2023
PENDING BEFORE THE HONBLE CHIEF JUDICIAL MAGISTRATE
(CJM) BANGALORE RURAL DISTRICT AT BANGALORE
PERTAINING TO THE ELECTRONIC CITY POLICE STATION FOR
THE OFFENCE P/U/S 397 OF IPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in crime No.55/2023 of Electronic City Police Station, registered for offence punishable under Section 397 of IPC.
2. Heard the learned counsel for the petitioner and the learned HCGP for respondent-State and perused the records.
3. FIR is registered against two unknown persons on a complaint lodged by one Narayanaswami B V, who is the victim in this case. It is alleged that on -3- CRL.P No. 3624 of 2023 09.03.2023 at about 11.20 p.m., when the complainant was proceeding towards new road junction to purchase gobimanchuri and when he was proceeding in front of Formal Garments, two persons came on a motorcycle by obstructing his way, and held his shirt collar and removed a chopper and kept it on his neck and holding threat, robbed his Samsung A-21S mobile phone, cash of Rs.500/-, a debit card of UCO Bank, Aadhar Card, Voter Id card, PAN card and fled away from the scene.
4. Petitioner is arraigned as accused No.1. He was arrested on 27.03.2023. From his possession, mobile phone and cash was recovered.
5. It is contended by the learned counsel for the petitioner that even accepting the case of prosecution, petitioner has not inflicted any injuries to the complainant. He submits that petitioner has a wife and minor children to look after and in view of his detention in judicial custody, his entire family members are suffering. Hence, by -4- CRL.P No. 3624 of 2023 imposing any conditions, the relief sought by the petitioner may be granted.
6. Per contra, the learned HCGP has contended that the offence committed by the petitioner is heinous in nature. Petitioner is involved in similar offences and investigation in this case is still pending. Accused No.2 is absconding. Therefore, at this stage, if the petitioner is enlarged on bail, investigation will suffer. Therefore, he seeks rejection of the bail petition.
7. As per the details furnished by the learned HCGP, the present petitioner is involved in crime No.343/2005 of Kumaraswamy Layout, registered for offence punishable under Sections 399 and 402 of IPC, in crime No.219/2020 of Konanakunte Police Station, registered for offence punishable under Section 397 of IPC, in crime No.106/2022 of Tilak Nagar Police Station, registered for the offence punishable under Section 392 of IPC and in crime No.88/2023 of Talaghattapura Police -5- CRL.P No. 3624 of 2023 Station registered for the offence punishable under Section 379 of IPC. In the present case, mobile phone and cash have been recovered from the petitioner. Further statement of the complainant is also recorded. The petitioner is a habitual offender. In the said facts and circumstances, petitioner is not entitled for bail.
Hence, the petition is rejected.
Sd/-
JUDGE SSD