Karnataka High Court
Manikantan @ Bombe Ramesh vs The State Of Karnataka on 2 November, 2018
CRL.P.NO.6120/2018
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 02ND DAY OF NOVEMBER, 2018
BEFORE
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL PETITION NO.6120 OF 2018
BETWEEN
MANIKANTAN @ BOMBE RAMESH
S/O LATE SUBBAIAH
AGED ABOUT 49 YEARS
R/AT IRUDAYAPURAM
SADEYAMGAL AREA
KAKULAM TALUK
KANYAKUMARI DISTRICT
TAMIL NADU-629175
... PETITIONER
(BY SRI: H P LEELADHAR, ADVOCATE)
AND
THE STATE OF KARNATAKA
SURYA NAGAR POLICE STATION
ANEKAL
REP BY PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA-560001. ... RESPONDENT
(BY SMT: NAMITHA MAHESH, HCGP)
THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE
THE PETITIONER ON BAIL IN CRIME NO.246/2018 OF SURYA NAGAR
POLICE STATION, BANGALORE DISTRICT FOR THE OFFENCE P/U/S
379,511 OF IPC.
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE COURT
MADE THE FOLLOWING:-
CRL.P.NO.6120/2018
2
ORDER
Suryanagara Police have charge-sheeted the petitioner and seven others in Crime No.246/2018 of their Police Station for the offences punishable under sections 379, 511, 411, 417 and 420 of Indian Penal Code.
2. It is alleged that on 22.06.2018 at 5.45 a.m. near Chandapura circle on Bengaluru - Hosur Road, the petitioner and co-accused attempted to commit theft of car of CW.1 bearing No.KA-51-M-8119. It is further alleged that on seeing that when CW.1 raised alarm, petitioner and co-accused attempted to escape and in that process, petitioner suffered a fall and injury. Petitioner was beaten by the public and he was admitted into Bengaluru Emergency Surgical & Trauma- Care Hospital and he was arrested on 25.06.2018.
3. Learned counsel for the petitioner submits that the arrest of the petitioner after three days of the incident and his admission into the hospital raises doubt about his involvement in the incident. So far as the objection regarding involvement of the petitioner in other cases, relying upon the CRL.P.NO.6120/2018 3 order of this court in Sri Surya Teja B R vs. State, By Anekal Police Station in Criminal Petition No.2356/2018 disposed of on 24.04.2018, he submits that involvement of the petitioner in other cases is no ground for rejection of bail.
4. Per contra, Smt.Namitha Mahesh, learned HCGP submits that the petitioner was caught by public while indulging into attempt of theft of car and he is a habitual offender. She further submits that the Investigating Officer is proposing to file additional charge-sheet regarding involvement of the petitioner in similar offences in Tamil Nadu and Andhra Pradesh.
5. No doubt the offences alleged against the petitioner are all triable by the Magistrate. But the other factor to be considered is the antecedents of the petitioner. In Sri Surya Teja B R's case referred to supra, this court has not held that involvement of the accused in other cases has no bearing in considering the bail application. It is held that first the court has to consider the prima facie material about CRL.P.NO.6120/2018 4 the involvement of the accused in the crime. It is further held that bail can be rejected if the accused is found to be a habitual offender.
6. The statements of the witnesses in charge-sheet copies and the complainant are to the effect that the petitioner was caught while indulging into the offence and he suffered injury in the process of escaping. The statements further indicate that after his recovery, he was produced before the Investigating Officer and was arrested.
7. The report of the Investigating Officer shows that the petitioner is involved in 21 other cases apart from this case. Having regard to these facts, it is not a fit case for grant of bail.
Therefore, the petition is dismissed.
Sd/-
JUDGE Bss