Karnataka High Court
Juned @ Mohammed Juned @ Junnu @ Junaid vs State Of Karnataka on 4 December, 2021
Author: K. Natarajan
Bench: K. Natarajan
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE K. NATARAJAN
CRIMINAL PETITION No.7582/2021
C/W
CRIMINAL PETITION No.7588/2021
BETWEEN:
1. JUNED @ MOHAMMED JUNED @ JUNNU @
JUNAID S/O ABUBEKER, AGED ABOUT 24 YEARS
R/AT OPP JOY COFFEE CURING WORKS
UPPALLI INDAVARA POST
CHIKKAMAGALURU TOWN 577 101
2. JOHN SADU @ JOHNRAJ @ DENNU
S/O NARENDRA JOSEPH,
AGED ABOUT 22 YEARS, TIPPU NAGAR,
CHIKKAMAGALURU 577 101
3. KISHOR S/O UMESH
AGED ABOUT 28 YEARS
OPP ROAD OF JOY COFFEE CURING WORKS
UPPALLI, INDAVARA POST
CHIKKAMAGALURU TOWN 577 101
...PETITIONERS
(COMMON)
(BY SRI SACHIN B.S., ADVOCATE)
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AND:
STATE OF KARNATAKA
BY TOWN POLICE
CHIKKAMAGALURU TOWN 577 101
REPRESENTED BY
STATE PUBLIC PROSECUSTOR
HIGH COURT BUILDING
BANGALORE 560 001
..RESPONDENT
(COMMON)
(BY SRI MAHESH SHETTY, HCGP)
CRIMINAL PETITION IS FILED UNDER SECTION
438 OF CR.P.C. PRAYING THAT THIS HON'BLE COURT
MAY BE PLEASED TO ENLARGE THE PETITIONERS ON
BAIL IN THE EVENT OF THEIR ARREST IN
CR.NO.84/2019 OF CHIKKMAGALURU TOWN P.S.,
CHIKKAMAGALURU FOR THE OFFENCE P/U/S.395,397
OF IPC.
CRIMINAL PETITION IS FILED UNDER SECTION
438 OF CR.P.C. PRAYING THAT THIS HON'BLE COURT
MAY BE PLEASED TO ENLARGE THE PETITIONER ON
BAIL IN THE EVENT OF THEIR ARREST
CR.NO.120/2019 (C.C.NO.295/2021 ON THE FILE OF
PRINCIPAL CIVIL JUDGE (JR.DN.) AND C.J.M.,
CHIKKAMAGALURU DISTRICT) REGISTERED BY
CHIKKAMAGALURU TOWN POLICE STATION,
CHIKKAMAGALURU FOR THE OFFENCE P/U/S
395,397,307,412 AND 413 OF IPC.
THESE CRIMINAL PETITIONS COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE
FOLLOWING:
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COMMON ORDER
Criminal Petition No.7582/2021 is filed by petitioners/accused Nos.1, 3 and 10 under Section 438 of Cr.P.C. for granting anticipatory bail in Crime No.84/2019 registered by Chikkamagaluru Town Police, pending in C.C.No.994/2021 on the file of Principal Civil Judge (Sr.Dn) and CJM Court, Chickmagalur District, Chickmagalur for the offences punishable under Sections 395, 397 of Indian Penal Code and Criminal Petition No.7588/2021 is filed by the same petitioners/accused Nos.1, 3 and 10 under Section 438 of Cr.P.C. for granting anticipatory bail in Crime No.120/2019 registered by Chikkamagaluru Town Police, pending in C.C.No.295/2021 on the file of Principal Civil Judge (Sr.Dn) and CJM Court, Chickmagaluru District, for the offences punishable under Sections 395, 397, 307, 412, 413 of Indian Penal Code (for short 'IPC').
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2. Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State.
3. The case of the prosecution is that in Crl.P.No.7582/2021 on the complaint filed by one Kumari before the police on 04.06.2019 alleging that when the complainant went along with one Srinivas in his Activa Honda motorcycle, some unknown persons came behind the vehicle and snatched her gold mangalya chain. The weighing of the said chain is 40 grams and out of 40 grams half of the chain has been snatched by unknown persons. Therefore case was registered against unknown persons for the offence punishable under Section 392 of IPC. Later the charge sheet came to be filed for the offence punishable under Sections 395, 397 of IPC. After registering the case, the police took up the investigation.
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4. In Crl.P.No.7588/2021, one Kumadwathi B filed a complaint before the Police on 16.08.2019, alleging that on 16.08.2019 after finishing the work the complainant went along with her friend on a Scooty bearing Reg.No.KA-18-EG-2161 towards Doddakurubarahalli, at that time some unknown persons came on a bike following her from her behind and snatched the Mangala sutra chain from her neck and due to which she fell down from the Scooty and sustained injuries. The case was registered against unknown persons for the offence punishable under Section 394 of IPC. During the investigation the petitioners said to have apprehended by the police in Crime No.161/2019 and gold ornaments said to be recovered, as the petitioners and other accused No.10 said to have melted gold ornaments and the petitioners remanded to judicial custody and subsequently, body warrant has been issued to all these accused. 6 However, before execution of body warrant they have been released in the main case. Now they are in apprehension of arrest in the hands of police. They have approached the Sessions Court for grant of bail which came to be rejected. Hence, they are before this Court.
5. Learned counsel for the petitioners further submitted that the accused persons were arrested in crime No.161/2019 and body warrant also executed. Thereafter, the accused persons released on bail and now they are apprehending by the police. Hence, prayed for grant of Anticipatory bail.
6. Per contra, learned High Court Government Pleader seriously objected the bail petition.
7. Upon considering the arguments and on perusal of the records, it reveals that Of course, these petitioners and others are involved in 10 to 14 cases. 7 They have been arrested in one case, gold ornaments were seized and it was revealed that accused persons said to be melted gold ornaments with the help of accused No.10. Other accused persons were already granted bail in Crime No.161/2019. The Co-ordinate bench of this Court granted bail to accused No.3 in Crl.P.No.163/2020 dated 21.01.2020 and accused No.1 granted bail in Crl.P.No.94/2020 dated 17.01.2020. Now learned counsel for the petitioners submits that accused persons are on bail in the above said cases. The investigation has been completed and the charge sheet is also filed. There is no other allegations that they are committing similar offences recently. Looking to the facts and circumstances of the case, without expressing any opinion on the merits of the case and by imposing certain conditions, if the petitioners- accused Nos.1, 3 and 10 are granted bail, no prejudice 8 would be caused to the case of the prosecution. Hence, I pass the following:
ORDER The criminal petitions are allowed. The respondent-police is directed to release the petitioners-accused Nos.1, 3 and 10 in Crl.P.No.7582/2021 on bail in the event of their arrest in Crime No.84/2019 and Crime No.120/2019 in Crl.P.No.7588/2021 registered by Chikkamagaluru Town Police, for the offences punishable under Sections 395, 397 of IPC and Sections 395, 307, 412, 413 of IPC respectively, subject to the following conditions in both the cases:-
i) The petitioners shall execute personal bond in a sum of Rs.2,00,000/- (Rupees One lakhs only) each with two sureties each for likesum to the satisfaction of the Investigating Officer;
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ii) The petitioners shall not tamper the
prosecution witnesses directly or
indirectly;
iii) The petitioners shall surrender before
the Investigating Officer within 15 days from the date of receipt of certified copy of this order;
iv) The petitioners shall not indulge in similar offences;
v) The petitioners shall appear before the Investigating Officer as and when called for the purpose of investigation;
vi) The petitioners shall not leave the jurisdiction of this Court without prior permission; and If any of the conditions are violated, the prosecution is at liberty to file an application for cancellation of bail.
Sd/-
JUDGE SKS