Karnataka High Court
Karanth @ Karan vs State Of Karnataka on 17 January, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2024:KHC:2265
CRL.P No. 13264 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 13264 OF 2023
BETWEEN:
1. KARANTH @ KARAN
S/O KESHAVANAIK
AGED ABOUT 23 YEARS
R/AT RAILWAY STATION
HOLALKERE
CHITRADURGA DISTRICT-577526.
...PETITIONER
(BY SRI. CHAKRAVARTHY T S., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY RURAL POLICE STATION
DAVANAGERE
REP BY STATE PUBLIC PROSECUTOR
Digitally HIGH COURT BUILDINGS
signed by BANGALORE-560001.
LAKSHMI T ...RESPONDENT
Location: (BY SRI. K.NAGESHWARAPPA, HCGP)
High Court
of
Karnataka THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS
ARREST IN CR.NO.130/2021 REGISTERED BY DAVANAGERE
RURAL POLICE STATION, DAVANAGERE FOR THE OFFENCE
P/U/S 511, 380 AND 457 OF IPC, PENDING ON THE FILE OF
PRINCIPAL CIVIL JUDGE (SR.DN.) AND C.J.M., DAVANAGERE.
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NC: 2024:KHC:2265
CRL.P No. 13264 of 2023
THIS PETITION IS COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent/State and perused the material on record.
2. The petitioner, apprehending his arrest in Cr.No.130/2021 registered at Davanagere Rural Police Station, for the offence punishable under Section 380, 457 and 511 IPC has preferred this petition under Section 438 Cr.P.C. seeking anticipatory bail.
3. The complaint is lodged by the Assistant Manager of Karnataka Grameena Bank, Hebbalu, on 15.05.2021 at about 10.30 a.m. alleging attempt of theft in the bank between 13.05.2021 and 15.05.2021. It is averred in the complaint that on 13.05.2021 at about 4.00 p.m. after finishing the duty, the complainant closed the bank and left and it was a holiday on the next day -3- NC: 2024:KHC:2265 CRL.P No. 13264 of 2023 i.e., on 14.05.2021. On 15.05.2021 at about 9.55 a.m. when the complainant along with the cashier and sweeper opened the Bank, noticed that the iron grills of the window was broken and further noticed that the miscreants had attempted to commit theft of lockers by breaking it using a gas cutter.
4. FIR is registered against unknown persons. Charge sheet is filed against eight accused persons. The petitioner is arraigned as accused No.8 in the charge sheet. The allegations are that all the accused have trespassed into complainant's Bank and attempted to commit theft during night hours by breaking open the safe lockers.
5. The learned High Court Government Pleader contends that the petitioner is a habitual offender and he has been absconding from the date of registration of the case and therefore, if anticipatory bail is granted, he will -4- NC: 2024:KHC:2265 CRL.P No. 13264 of 2023 once again involve in committing similar offence and flee from justice.
6. It appears that on the basis of the voluntary statement of the co-accused, the petitioner is arraigned as an accused in this case. At this stage, there is no sufficient material to show the involvement of the petitioner in the alleged crime. Hence, the previous cases registered against him itself is not a ground to deny the relief sought in this petition. The learned Sessions Judge while dismissing the prayer seeking anticipatory bail has observed that the petitioner has not all produced any documents to show that he is implicated as an accused in the above crime and he has been absconding. However, now petitioner has been arraigned as accused No.8 in the charge sheet. Hence, there is a reasonable apprehension of his arrest. He has undertaken to furnish adequate surety to ensure his regular presence before the trial Court. Hence, by imposing suitable conditions, the relief -5- NC: 2024:KHC:2265 CRL.P No. 13264 of 2023 sought by the petitioner can be granted. Accordingly, the following:
ORDER Petition is allowed.
In the event of arrest of the petitioner/accused No.8 in Crime No.130/2021 of Davanagere Rural Police Station, he shall be released subject to following conditions:
a. He shall appear before the Investigation Officer within a period of one week from the date of receipt of a copy of this order and shall execute a personal bond in a sum of Rs.50,000/- [Rupees fifty thousand only] with two sureties for the likesum.
b. He shall furnish proof of his residential address and shall inform the I.O/Court regarding change in the address, if any.
c. He shall cooperate with the further investigation and shall not tamper with the prosecution witnesses in any manner.
d. He shall appear before the trial Court on every date of hearing, without fail.
-6- NC: 2024:KHC:2265 CRL.P No. 13264 of 2023 e. He shall not indulge himself in committing any offence.
Violation of any of the above conditions shall lead to cancellation of bail.
SD/-
JUDGE TL List No.: 1 Sl No.: 37