Karnataka High Court
Venkat Swami S/O Govind Sinde vs The State Of Karnataka on 10 January, 2017
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF JANUARY, 2017
BEFORE
THE HON'BLE MR.JUSTICE B. A. PATIL
CRIMINAL PETITION No.201393/2016 AND
CRIMINAL PETITION No.201398/2016
IN CRIMINAL PETITION No.201393/2016
Between:
Venkat Swami
S/o Govind Shinde
Age: 48 years, Occ: Business
R/o Janata Colony, Bhalki, Dist. Bidar
... Petitioner
(By Sri Sharanabasappa K. Babshetty, Advocate)
And:
The State of Karnataka through
Bhalki Town Police Station
Represented by Addl. State Public Prosecutor
High Court of Karnataka, Kalaburagi Bench
... Respondent
(By Sri Prabhugouda S. Patil, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to release the petitioner on bail, in crime
No.277/2015 of Bhalki Town Police Station, which is
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registered for the offences punishable under Section 78(3) of
Karnataka Police Act and under Section 420 & 328 of IPC.
IN CRIMINAL PETITION No.201398/2016
Between:
1. Tippanna S/o Sangappa
Age: 52 years, Occ: Coolie
R/o Papava Nagar, Bhalki
Dist. Bidar
2. Hanamant S/o Sangappa
Age: 45 years, Occ: Coolie
R/o Papav Nagar, Bhalki
Dist. Bidar ... Petitioners
(By Sri Sharanabasappa K. Babsheety, Advocate)
And:
The State of Karnataka through
Bhalki Town Police Station, represented by
Addl. State Public Prosecutor
High Court of Karnataka, Kalaburagi Bench
... Respondent
(By Sri Prabhugouda S.Patil, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to release the petitioners on bail, in Crime
No.277/2015 of Bhalki Town Police Station
(C.C.No.561/2015 pending on the file of Civil Judge (S.D.)
and JMFC at Bhalki) which is registered for the offences
punishable under Section 78(3) of Karnataka Police Act and
under Section 420 & 328 of IPC.
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These petitions coming on for Orders this day, the
Court made the following:-
ORDER
These petitions are filed by the petitioners/accused Nos.2, 5 and 6 under Section 439 of Cr.P.C., seeking regular bail in Crime No.277/2015 of Bhalki Town Police Station, registered for the offences punishable under Sections 328 and 420 of IPC and also under Section 78(3) of Karnataka Police Act.
2. Since these petitions arising out of the same crime, they heard together and being disposed of by this common order.
3. Brief facts leading to filing of the complaint are that, on 20.07.2015, the complainant - P.S.I. received a credible information that some persons were cheating the public by collecting money from them under the guise of paying Rs.80/- for Rs.1/- and selling some prohibited drugs near Papava Nagar Cross Bhalki. Immediately along with panch witnesses and other, they 4 went to the spot and there they noticed that some 7 persons have indulged in matka gambling; immediately the raid was conducted and accused No.1 has been apprehended and the other accused persons ran away from the spot; thereafter on conducting the search, he seized the Matka chits, ball pen, one plastic bottle and cash of Rs.2,200/- from accused No.1 under panchnama. Therefore, he lodged the complaint against the accused persons. On the basis of the said complaint, a case has been registered against the accused persons for the offences punishable under Sections 328 and 420 of IPC and Section 78(3) of Karnataka Police Act. After completion of the investigation charge-sheet has been filed and during the course of investigation, other accused persons have also been apprehended and now they are in judicial custody.
4. I have heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for respondent-State. 5
5. The main grounds urged by the learned counsel for the petitioners are that the alleged offences are not punishable with death or imprisonment for life, petitioners are not the habitual offenders and the police have apprehended the accused with an intention to harass and humiliate them. It is also contended that already the charge-sheet has been filed, therefore, the petitioners are not required for the purpose of further interrogation and investigation. It is further contended that if the petitioners are released on bail, they are ready to abide by the conditions to be imposed by this Court and they are ready to offer sureties. On these grounds, he prays for allowing the petitions.
6. On the contrary, learned High Court Government Pleader appearing for the respondent-State vehemently contended that earlier also the accused persons have committed the similar offence and they are the habitual offenders. He has also contended that 6 at this juncture, if the petitioners are released on bail, again they may indulge in similar criminal activities, they may abscond and they may not be available for trial. He further contended that no good grounds are made out by the petitioners to release them on bail. On these grounds, he prays for dismissal of the petitions.
7. I have gone through the copy of the FIR, complaint and other material produced along with the petitions.
8. By going through the contents of the complaint, it reveals that on receiving a credible information, the police have immediately went to the spot and raided; there they have apprehended accused No.1 and thereafter during the course of investigation other accused persons have also been apprehended and after investigation the charge-sheet came to be filed. Even though the learned High Court Government Pleader has contended that the petitioners have 7 involved in many cases and they are the habitual offenders, but the offences leveled against the petitioners are not punishable with death or imprisonment for life. Leave apart this, when already the charge-sheet has been filed, the petitioners are not required for further interrogation and investigation, they are ready to abide by the conditions to be imposed by this Court and ready to offer sureties, then, under such circumstances, I feel that by imposing some conditions if the petitioners are released on bail, it is going to meet the ends of justice and the objections raised by the learned High Court Government Pleader.
9. For the above reasons, both the petitions are allowed and petitioners/accused Nos.2, 5 and 6 are ordered to be released on bail, subject to the following conditions:
i. The petitioners shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees 8 Two Lakhs Only) with two solvent sureties each for the likesum to the satisfaction of the jurisdictional Court;
ii. The petitioners shall not tamper with the prosecution witnesses directly or indirectly;
iii. The petitioners shall appear before the concerned Court regularly for facing the trial.
Sd/-
JUDGE LG Ct: MHS