Karnataka High Court
Shri.Manohar S/O Appasab Payakkanavar vs The State Of Karnataka on 24 January, 2020
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IN THE HIGH COU RT OF KARNA TAKA
DHARWAD BENCH
DATED TH IS THE 24 T H DAY OF JANU ARY 2020
BEFORE
THE HON'BLE MR. JUSTICE P.G.M.PATIL
CRIMINAL PETITIO N NO.100049/2020
C/W.
CRIMINAL PETITIO N NO.100001/2020
IN CRL.P.NO.100049/2020
BETWEEN:
SHRI NAGARAJ S/O RAMACHANDRA KADAKOL
AGE: 36 YEARS , OCC: PRIVA TE SERVICE,
R/O: DEVRAJ URS COLONY,
BASAVAN KUDACHI, TQ & DIS T: BELAGAVI.
... PETITIONER
(BY SRI VITTHAL S TELI, ADVOCA TE.)
AND:
THE S TA TE OF KA RNATAKA
REP. BY ITS S TA TE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD,
THROUGH MARKET POLICE S TA TION,
BELAGAVI.
... RESPONDENT
(BY SMT. SEEMA S HIVA NAIK, HCGP.)
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THIS CRIMINAL PETITION IS F ILED UNDER
SECTION 439 OF CR.P.C., PRA YING TO GRANT
REGULAR BAIL AND PETITIONER/ACCUSED NO.5 MAY
KINDLY BE ENLARGED ON BAIL IN BELAGAVI MARKET
P.S. CRIME NO.153/2019 PENDING ON THE FILE OF
JMFC-II, BELAGAVI, FOR THE OFFENCE PUNISHABLE
UNDER SECTIONS 384 AND 395 OF INDIAN PENAL
CODE, ETC.,.
IN CRL.P.NO.100001/2020
BETWEEN:
SHRI MANOHAR S/O APPASAB PAYAKKANAVAR
AGE: 33 YEARS , OCC: SELF- EMPLOYED,
R/O: H.NO.404, PA TIL GALLI,
HALAGA VILLAGE, TQ & DIS T: BELAGAVI.
... PETITIONER
(BY SRI VISHWANATH BADIGER, ADVOCATE.)
AND:
THE S TA TE OF KA RNATAKA
PRESENTED BY ITS
STA TE PUBLIC PROSECUTOR,
MARKET P.S ., BELAGAVI,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, A T: DHARWAD.
... RESPONDENT
(BY SMT. SEEMA S HIVA NAIK, HCGP.)
THIS CRIMINAL PETITION IS F ILED UNDER
SECTION 439 OF CR.P.C., PRAYING TO ALLOW THIS
PETITION AND ENLARGE THE PETITIONER/ACCUSED
NO.4 ON BAIL IN CRIME NO.153/2019 REGIS TERED BY
THE MARKET POLICE S TA TION, BELAGAVI, FOR THE
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OFFENCE PUNISHABLE UNDER SECTIONS 384, 395 OF
IPC PENDING ON THE FILE OF JMFC-II, BELAGAVI,
ETC.,.
THESE PETITIONS COMING ON FOR ORDERS
THIS DAY, THE COURT PASSED THE FOLLOWING:
COMMON ORDER
These are two bail petitions filed under section 439 of Cr.P.C., seeking to enlarge the petitioners on bail in Crime No.153/2019 of Market P.S., Belagavi, registered for the offences punishable under sections 384 and 395 of IPC.
2. The case of the prosecution in brief is that, on 15.11.2019 at about 10.00 a.m. when the complainant was near Radio Complex, Belagavi, he met accused No.4, and accused No.4 showed the photo of accused No.2-Deepa and asked him to come to the house of accused No.1. It is further alleged that, at about 9.00 p.m., complainant went to the house of accused No.1, at that time, accused No.4 introduced accused No.2 to the 4 complainant and they were sent to one room and at that time, accused No.4 took the photograph of both complainant and accused No.2. It is further alleged that, on 16.11.2019 at about 11.00 a.m. when complainant was in his home, he received a phone call and he was asked to come to the house of accused No.1. When complainant came to the house of accused No.1, he was showed with the photographs and complainant was threatened stating that they would make photographs viral and demanded `50,000/- from the complainant. The accused snatched the mobile phone of the complainant and he was seriously threatened. On 22.11.2019 when the complainant has been to the house of accused No.1 to pay `5,000/-, at that time, the accused snatched the mobile phone and demanded balance amount of `45,000/- or else the accused threatened with dire consequence of publishing the photographs. Thereafter, the 5 complainant informed the incident to his brother and filed a complaint against the accused.
3. On the basis of the compliant, a case in crime No.153/2019 came to be registered for the offence punishable under Sections 384 and 395 of IPC. During the course of investigation, petitioners were arrested on 22.11.2019 and they have been remanded to the judicial custody. The petitioners filed bail application under Section 439 of Cr.P.C. before the trial Court and the trial Court rejected the said bail application vide order dated 13.12.2019. Aggrieved by the said order, the petitioners have filed this petition.
4. The petitioner in Crl.P.No.100049/2020 is arraigned as accused No.5 and the petitioner in Crl.P.No.100001/2020 is arraigned as accused No.4 and they have stated that there is inordinate delay of six days in filing the complaint and no explanation is given. They have been falsely 6 implicated in the matter. The main allegations are against accused Nos.1 to 3 and that accused Nos.1 to 3 have been enlarged on bail by the Sessions Court. The alleged recovery was made from accused No.1. The police have already recorded statements of alleged victim and witnesses. They are not required to be retained in custody for further investigation in the matter. They are ready and willing to abide by the conditions, which may be imposed by the Court and to furnish adequate surety to the satisfaction of the Court.
5. Heard the learned counsel for the petitioners and the learned High Court Government Pleader.
6. It is not disputed that accused Nos.1 to 3 have been enlarged on bail by the Sessions Court, Belagavi and accused Nos.6 and 7 have been enlarged on bail by this Court in 7 Crl.P.No.102579/2019 by order dated 21.1.2020. The copy of the order is made available for perusal. The allegations against accused Nos.4 to 7 appears to be similar. The custody of the petitioners is not required for further investigation in the matter and therefore they have been remanded to judicial custody. Since accused Nos.1 to 3, 6 and 7 have already been enlarged on bail, in order to maintain parity, this Court holds that the petitioners who are also placed on the similar situation as that of accused Nos.6 and 7, may be enlarged on bail subject to imposing necessary conditions to see that they shall not abscond, shall not tamper with the prosecution witnesses and shall appear before the Court regularly and co-operate in the trial.
7. Accordingly this Court proceed to pass the following:
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ORDER Both the bail petitions filed under section 439 of Cr.P.C. are allowed. The petitioners are ordered to be enlarged on bail in Crime No.153/2019 of Market P.S., Belagavi, on their executing a personal bond for a sum of `1,00,000/- each, with one surety for the like sum to the satisfaction of the jurisdictional Magistrate, on the following conditions.
i) The petitioners shall not threaten or tamper with the prosecution witnesses in any manner.
ii) The petitioners shall not involve themselves in any criminal case of similar nature.
iii) The petitioners shall co-operate with the investigating officer to complete the investigation and shall also mark their attendance before the SHO of the concerned police station on last 9 Sunday of every month between 10.00 a.m. and 5.00 p.m., till the final report is filed.
iv) The petitioners shall appear before the trial Court regularly and co-operate in concluding the trial at the earliest.
v) The petitioners shall not leave the jurisdiction of the trial Court without prior permission.
Sd/-
JUDGE Mrk/-