Karnataka High Court
Jugraj Singh And Ors vs The State Of Karnataka on 12 July, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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CRL.P.No.200919 of 2023
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CRL.P.NO.200921 OF 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 12TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO.200919 OF 2023
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CRIMINAL PETITION NO.200921/2023
IN CRIMINAL PETITION NO.200919/2023
BETWEEN:
1. JUGRAJ SINGH S/O SUKHADEVSING,
AGE. 28 YEARS, OCC: DRIVER,
R/O: IDADEHAR SAHIB,
POST SARAHALLI, DISTRICT TARANA TERNTARM,
PUNJAB-143401.
Digitally signed by
KHAJAAMEEN L
MALAGHAN
Location: HIGH COURT OF 2. SANJAY YADAV S/O SUBHASH,
KARNATAKA
AGE. 28 YEARS, OCC: DRIVER,
R/O: AMIR SHAIKPUR, TALUKA SAGADIAZMGARH,
UTTARPRADESH-230141.
3. PANKAJ SINGH S/O SUKHADEVSINGH,
AGE. 34 YEARS, OCC: DRIVER,
R/O: DUBAVE TAHER WAZIDPUR,
DISTRICT AZAMGARH,
UP-276001.
...PETITIONERS
(BY SRI. KADLOOR SATYANARAYANACHARY, ADVOCATE)
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CRL.P.No.200919 of 2023
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CRL.P.NO.200921 OF 2023
AND:
1. THE STATE OF KARNATAKA
THROUGH HUMNABAD POLICE STATION,
DISTRICT BIDAR-585401.
...RESPONDENT
(BY SRI. GURURAJ V. HASILKAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. PRAYING TO GRANT REGULAR BAIL IN CRIME
NO.101/2023 OF HUMNABAD POLICE STATION, FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 407, 413, 120(B),
285, 286 AND 336 READ WITH SECTION 34 OF IPC PENDING
BEFORE THE PRL. CIVIL JUDGE AND JMFC HUMANABAD.
IN CRIMINAL PETITION NO.200921/2023
BETWEEN:
MOHAN S/O ADINATH
AGE: 50 YEARS OCC: PRIVATE SERVICE,
R/O: CHENDOLI UTTARPRADESH
NOW AT BIDAR-585 401.
...PETITIONER
(BY SRI. KADLOOR SATYANARAYANACHARY, ADVOCATE)
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CRL.P.No.200919 of 2023
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CRL.P.NO.200921 OF 2023
AND:
THE STATE OF KARNATAKA
THROUGH HUMNABAD POLICE STATION,
DISTRICT BIDAR-585401.
...RESPONDENT
(BY SRI. GURURAJ V. HASILKAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C. PRAYING TO ALLOW THE PETITION AND GRANT
ANTICIPATORY BAIL IN CRIME NO.101/2023 OF HUMANABAD
POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 407, 413, 285, 286, 120(B) AND 336 READ WITH
SECTION 34 OF IPC, PENDING ON THE FILE OF THE PRL. CIVIL
JUDGE AND JMFC, HUMANABAD.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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CRL.P.No.200919 of 2023
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CRL.P.NO.200921 OF 2023
ORDER
The Criminal Petition No.200919/2023 under Section 439 of Cr.P.C. is filed by the petitioners - accused Nos.3, 5 and 6 to enlarge them on bail in Crime No.101/2023, registered by the Humanabad Police Station, for the offences punishable under Sections 407, 413, 285, 286, 120 (B) and 336 read with Section 34 of IPC.
02. The Criminal Petition No.200921/2023 under Section 438 of Cr.P.C. is filed by the petitioner - accused No.2 to enlarge him on anticipatory bail in Crime No.101/2023, registered by the Humanabad Police Station for the offences punishable under Sections 407, 413, 285, 286, 120(B) and 336 read with Section 34 of IPC.
03. The case of the prosecution is that, the petitioners - accused Nos.3, 5 and 6 were transporting the highly inflammable chemicals in 03 Tankers, and upon interception of the said Tankers, and on interrogation, they revealed that, the chemical was transported from -5- NC: 2023:KHC-K:5289 CRL.P.No.200919 of 2023 C/W CRL.P.NO.200921 OF 2023 Dayej Town of Baruch District of Gujarat State to Hyderabad and there was no permit to transport the chemical. They admitted that, some quantity of the chemical, was sold to the persons behind the Thakur Dhaba of Kudachi village.
04. The allegation against the petitioner - accused No.2 is that, he had purchased the small quantity of the dangerous chemical .
05. Heard the learned counsel for the petitioners - accused herein and the learned High Court Government Pleader for the respondent - State.
06. Admittedly, the owner of the Tankers nor the consigner or consignee have filed any complaint alleging that, these accused have committed the theft of chemical. The seized Tankers and the chemical have been released in favour of the Transport Company, which was transporting the chemical to the consignee at Hyderabad. At this stage, there is no material to establish that, the -6- NC: 2023:KHC-K:5289 CRL.P.No.200919 of 2023 C/W CRL.P.NO.200921 OF 2023 petitioners - accused herein have committed the offences punishable under Sections 407, 413, 285, 286, 120 (B) and 336 read with Section 34 of IPC. Hence, at this stage, the petitioners - accused herein have made out a prima- facie case to enlarge them on bail. According I pass the following:
ORDER The Criminal Petition No.200919/2023 is allowed.
The Petitioners - accused Nos.3, 5 and 6 are enlarged on bail in Crime No.101/2023/2023, registered by Humanabad Police Station, for the offences punishable under Sections 407, 413, 285, 286, 120 (B) and 336 read with Section 34 of IPC, pending on the file of Prl. Civil Judge and JMFC, at Humanabad subject to the following conditions:
(a) Petitioners - accused Nos.3, 5 and 6 shall furnish a personal bond for a sum of Rs.1 lakh each with one local surety for the likesum to the satisfaction of the jurisdictional Court.-7-
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(b) They shall appear before the Court as and when required.
(c) They shall not threaten or allure the prosecution witnesses in whatsoever manner.
(d) They shall not get involved in similar offences.
(e) They shall not leave the territorial limits of the Trial Court without prior permission of the Trial Court.
(f) They shall furnish their proof of address before the Investigation Officer.
The Criminal Petition No.200921/2023 is allowed. The Humanabad Police Station, is hereby directed to enlarge the petitioner - accused No.2 on bail, in the event of his arrest in Crime No.101/2023, for the offences punishable under Sections 407, 413, 285, 286, 120(B) and 336 read with Section 34 of IPC, pending on the file of Prl. Civil Judge and JMFC, at Humanabad, subject to the following conditions:
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a) Petitioner - accused No.2 is ordered to be enlarged on bail by furnishing a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Investigating Officer;
b) He shall co-operate with the Investigating Officer for the purpose of investigation;
c) He shall not threaten the prosecution witnesses or lure in any manner;
d) He shall not leave the territorial limits without prior permission of the Investigating Officer;
e) He shall not tamper with the prosecution evidence directly or indirectly;
f) He shall mark his attendance on first Sunday of every month between 10.00 a.m. to 05.00 p.m. before the Investigating Officer till the investigation is completed.
Sd/-
JUDGE KJJ List No.: 1 Sl No.: 38