Sunil Bhadur Shahi vs State Of Karnataka on 10 February, 2022

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Karnataka High Court

Sunil Bhadur Shahi vs State Of Karnataka on 10 February, 2022

Bench: K.Natarajan

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      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 10TH DAY OF FEBRUARY, 2022

                           BEFORE

          THE HON'BLE MR. JUSTICE K.NATARAJAN

             CRIMINAL PETITION NO.557/2022

BETWEEN

SUNIL BHADUR SHAHI
S/O KUMYA SHAHI
AGED ABOUT 25 YEARS,
R/AT 139, 2ND FLOOR,
HARUN RASHIDI BUILDILNG,
SHAMIYAL PUBLIC SCHOOL,
KITAGANUR MAIN ROAD,
K.R.PURAM
BENGALURU-560 016.                         ... PETITIONER

(BY SRI M. KRISHNE GOWDA, ADVOCATE)

AND

STATE OF KARNATAKA
STATE BY KORAMANGALA P.S.
REPTD BY HIGH COURT GOVT PLEADER
HIGH COURT OF KARNATAKA,
BENGALURU-560 001.                       ... RESPONDENT

(BY SRI MAHESH SHETTY, HCGP)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO
ENLARGE THE PETITIONERS ON BAIL IN CR.NO. 275/2020 OF
KORAMANGALA      POLICE    STATION,    BENGALURU   CITY
(S.C.NO.553/2021, PENDING BEFORE THE LXIII ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, (CCH-64) BENGALURU) FOR
THE OFFENCE PUNISHABLE UNDER SECTION 397 OF IPC.
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     THIS CRIMINAL PETITION COMING ON FOR FURTHER
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

                              ORDER

This petition is filed by the petitioners/accused No.7 under Section 439 for granting bail in Crime No.275/2020 of Koramangala Police Station, Bengaluru City (S.C.No.553/2021, pending before the LXIII Additional City Civil and Sessions Judge, Bengaluru for the offence punishable under Section 397 of IPC.

2. Heard the learned counsel for the petitioner and learned HCGP for the respondent-State.

3. The case of the prosecution is that on the complaint of one Sagarika who lodged complaint on 27.12.2020 alleging that she is residing at Koramangala and in the midnight when she was asleep at about 2.30 a.m., the accused persons came through lift and committed dacoity in their house. Subsequently police arrested accused Nos.1 to 4 and recovered the vehicles and gold ornaments. The petitioner is also said to be 3 involved in the crime, hence police arrested petitioner on 06.01.2021 and was remanded to judicial custody. His bail application came to be dismissed as withdrawn, hence he is before this Court.

4. Learned counsel for petitioner submits that the petitioner is innocent and has been falsely implicated and is ready to abide by any conditions. Further, contended that the petitioner is in custody for more than one year and prayed for granting bail.

5. Per Contra learned HCGP seriously objected and contented that the petitioner is from Nepal and there is no permanent abode for him at Bangalore and if he is granted bail, he may flee away to Nepal and securing his presence will become very difficult and the trial will be hampered. The accused person is also involved in one more case Crime No.237/2020, Ramamurthy Nagar Police Station and other than this case they are the habitual offender. The offence alleged is under Section 395 of 4 Cr.P.C and later the same was converted into 397 of Cr.PC. Therefore, prayed for dismissal of the petition.

6. Upon hearing the arguments and on perusal of records, it reveals of course name of this petitioner not mentioned in FIR the accused Nos.1 to 4 are the main culprits who committed dacoity but during the investigation it was revealed that this petitioner is also involved in this crime. Hence police arrested the petitioner and took him for judicial custody. As per the submission of learned counsel which reveals petitioner also involved in another Crime No.237/2020 for the offence punishable under section 354 and 380 of IPC. Apart from that, the petitioner is from Nepal being from a different country and if he is released on bail there is every possibility of him fleeing from the case which is not ruled out. The petitioner has also not produced any Aadhar card or address proof of Bangalore, therefore this petitioner is not entitled for bail.

Hence, petition is hereby dismissed.

The petitioner is in custody for more than one year hence the trial court in Crime No.275/2020 of Koramangala Police Station, Bengaluru City, S.C.No.553/2021 pending on the fie of LXII Additional City Civil and Sessions Judge, is directed to speed up the trial and dispose of the matter within 6 months from the date of receipt of the copy of the order Sd/-

JUDGE AKV

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