Karnataka High Court
Shashikumar H @ Chotta vs State Of Karnataka on 3 November, 2020
Author: K.Natarajan
Bench: K. Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF NOVEMBER, 2020
BEFORE
THE HON'BLE MR. JUSTICE K. NATARAJAN
CRIMINAL PETITION NO.2084 OF 2020
BETWEEN:
SHASHIKUMAR H @ CHOTTA
S/O. HONNE GOWDA,
AGED ABOUT 25 YEARS,
RESIDENT OF
NO.37, 5TH 'B' CROSS,
FIRST MAIN ROAD,
PREETHINAGARA LAGGERE,
BANGALORE - 560 058.
... PETITIONER
(BY SRI CHETHAN B., ADV.)
AND:
STATE OF KARNATAKA
KYATHASANDRA POLICE STATION,
TUMKURU DISTRICT - 572 104.
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE - 560 001.
... RESPONDENT
(BY SRI K.S. ABHIJITH, H.C.G.P.)
***
2
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF
THE CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
THE EVENT OF HIS ARREST IN CR.NO.271 OF 2017 OF
KYATHASANDRA POLICE STATION, TUMKURU DISTRICT FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 457 AND 380 OF THE
INDIAN PENAL CODE.
THIS CRIMINAL PETITION IS COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned High Court Government Pleader is directed to take notice for respondent-State.
2. This petition is filed by the petitioner under Section 438 of Code of Criminal Procedure (for short 'Cr.P.C.') for granting anticipatory bail in Crime No.271/2017 for the offence punishable under Sections 380 and 457 of Indian Penal Code (for short 'IPC') registered by the Kyathasandra Police.
3. Heard the arguments of Sri Chethan B, learned counsel for the petitioner and Sri K.S. Abhijith, High Court Government Pleader for respondent-State. 3
4. The case of the prosecution is that on the complaint of one Chikkahanumaiah, Kyathasandra Police registered the case for the offence punishable under Sections 380 and 457 of IPC that on 15.10.2017 at about 3.00 p.m., his family members went to Thondegere village by locking the house. On 16.10.2017 in the morning, when they returned home, they noticed that the door lock of the house was opened. Three almirahs were opened and cloths were scattered. An amount of Rs.80,000/-, 10 grams of ear stud, 15 grams of chain and 10 grams of other ornaments were stolen from the house. On the basis of his complaint, case was registered against unknown persons in Crime No.271/2017. After investigation, Kyathasandra Police filed 'C' report as not able to trace the accused. The Hebbur Police arrested the petitioner in Crime No.105/2017 for the offence punishable under Section 41(D) 102 Cr.P.C., read with Section 379 of IPC as 4 the accused-petitioner was found in possession of the gold ornaments and he has not satisfactorily explained. Subsequent to the investigation, it reveals that this petitioner was involved in Crime No.271/2017 of Kyathasandra Police and therefore, the case has been transferred.
5. After transferring the case, Kyathasandra Police tried to arrest the petitioner for having committed non-bailable offence. He approached the Sessions Court for bail and the Sessions Court rejected the same. Hence, the petitioner is before this Court.
6. Learned counsel for the petitioner has contended that the petitioner is innocent and has been falsely implicated in this case. The Hebbur Police have arrested the petitioner in Crime No.105/2017, wherein, he was released on bail. The Police are making efforts to 5 arrest the petitioner. The petitioner is ready to abide by any conditions. Hence, prayed for allowing the petition.
7. Per contra, learned High Court Government Pleader seriously objected the bail petition on the ground that the petitioner is involved in the offence of theft occurred in the house of the complainant, the gold ornaments are recovered from the accused. Therefore, he is required for the purpose of custodial interrogation and prayed for dismissing the petition.
8. Upon hearing the arguments and perusal of the records, no doubt the complaint came to be lodged in the Kyathasandra Police station on 16.10.2017 for theft of gold ornaments and cash from the house of the complainant and filed 'C' report before the Court and subsequently, the Hebbur Police arrested the petitioner found with some gold ornaments and after investigation, 6 he was produced before the Court and released on bail and gold recovered by the accused is pertaining to the case in Crime No.271/2017. Therefore, the case was transferred and in turn the Kyathasandra Police trying to arrest this petitioner. On perusal of the same, investigation already done by the Hebbur Police and transferred the articles to Kyathasandra Police. Considering the facts and circumstances of the case, petitioner has already granted bail in Crime No.105/2017 of Hebbur Police, the case was transferred to the Kyathasandra Police. He is required to face the trial in this case. Therefore, considering the facts and circumstances of the case, the offences are not punishable with death or imprisonment for life and the offences are triable by Magistrate and by imposing certain conditions, if bail is granted, no prejudice would cause to the prosecution case. Hence, I pass the following: 7
ORDER Criminal Petition is allowed.
The respondent-Police is directed to release the petitioner on bail in the event of his arrest in Crime No.271/2017 of Kyathasandra Police Station, Tumakuru for the offences punishable under Sections 380 and 457 of IPC, subject to the following conditions:-
(i) Petitioner shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with a surety for the likesum to the satisfaction of the Investigating Officer or the concerned trial Court;
(ii) Petitioner shall surrender before the Investigating Officer within 30 days from the date of receipt of the copy of this order;
(iii) Petitioner shall not indulge in any similar offences;8
(iv) Petitioner shall appear before the Investigating Officer as and when called for the purpose of investigation; and
(v) Petitioner shall move for regular bail before the trial Court after he is released by the Investigating Officer.
SD/-
JUDGE GBB