Karnataka High Court
Somashekharaiah @ Soma vs State By New Extension on 18 November, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2023:KHC:41366
CRL.P No. 11151 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 11151 OF 2023
BETWEEN:
SOMASHEKHARAIAH @ SOMA
S/O LATE MARITHIMMAIAH
AGED ABOUT 37 YEARS
R/AT 4TH MAIN, IST CROS
JAIPURA, TUMAKURU CITY
TUMAKURU DISTRICT - 572 101.
...PETITIONER
(BY SRI SHARATH KUMAR, ADV., FOR
SRI MOHAMED UMMAR FAROOQ, ADV.)
AND:
STATE BY NEW EXTENSION
POLICE STATION
REPRESENTED BY ITS
PUBLIC PROSECUTOR
Digitally signed HIGH COURT BUILDING
by B A
KRISHNA BANGALORE - 560 001.
KUMAR ...RESPONDENT
Location: HIGH
COURT OF
KARNATAKA (BY SRI JAIRAM SIDDI, HCGP)
THIS CRL.P FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN CR.NO.103/2023 REGISTERED BY NEW
EXTENSION POLICE STATION, TUMAKURU FOR THE OFFENCE P/U/S
397 OF IPC, PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE
(SR.DN.) AND C.J.M. COURT, TUMAKURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2023:KHC:41366
CRL.P No. 11151 of 2023
ORDER
Accused no.2 in Crime No.103/2023 registered by the New Extension Police Station, Tumakuru for the offence punishable under Section 397 of IPC is before this Court seeking regular bail.
2. Heard the learned counsel appearing for the parties
3. On the basis of complaint lodged by Smt. Chandramma W/o Siddaraju dated 20.09.2023, FIR in Crime No.103/2023 was registered by New Extension Police Station for the offence punishable under Section 397 of IPC against unknown persons.
4. In the complaint it is averred that the complainant was doing tailoring work in her house. On 20.09.2023 at about 11.00 a.m, a unknown lady aged about 35 years came to the house of the complainant with her face covered with cloth. When the complainant enquired, she informed her name as Vani shree. The said lady allegedly caught hold of complainant and after tying her hand stuffed some cloth into her mouth and forcibly robbed the mangalasutra and other gold jewelleries and escaped from the spot. It is in this background, the -3- NC: 2023:KHC:41366 CRL.P No. 11151 of 2023 complainant had approached the police and lodged a complaint. During the course of investigation accused no.1 Pushpa was arrested on 22.09.2023. Based on her confession statement, the petitioner was arrested on 01.10.2023 and remanded to judicial custody.
5. The bail application filed by the petitioner before the trial court in Crl.Misc.No.1491/2023 was rejected on 13.10.2023. It is under these circumstances, the petitioner is before this court.
6. Learned counsel appearing for the petitioner having reiterated the grounds urged in the petition prays to allow the petition.
5. Learned HCGP has opposed the bail application. He submits that the petitioner is a history sheeter. Accordingly, he prays to dismiss the petition.
6. As per complaint averments, on 20.09.2023 a unknown lady had come to the house of the complainant. The said lady allegedly had caught hold of complainant and after tying her hands had stuffed some cloth into her mouth and -4- NC: 2023:KHC:41366 CRL.P No. 11151 of 2023 allegedly had robbed gold jewelleries which the complainant was wearing. The said lady was arrested on 22.09.2023. It appears that in her confession statement she has stated that gold jewellery robbed by her were subsequently pledged by the petitioner in a jewellery shop. Based on such statement, the petitioner was arrested on 01.10.2023. The gold jewellery robbed by accused no.1 from the house of complainant has been recovered in the present case. The only allegation against the petitioner is that he had helped accused no.1 to pledge the robbed gold jewellery and thereafter had shared the sale proceeds.
7. Merely for the reason that the petitioner was earlier involved in some other criminal cases, the same cannot be a ground to deny the relief to him if he is otherwise found entitled for the same. Under these circumstances, I am of the view that the petitioner has made out a prima facie case for grant of regular bail.
8. In view of the above, the petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.103/2023 registered by the New Extension Police Station, -5- NC: 2023:KHC:41366 CRL.P No. 11151 of 2023 Tumakuru for the offence punishable under Section 397 of IPC, subject to the following conditions:
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One lakhs only) with one surety for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall mark his attendance before the Investigating Officer in the present case on every Sunday between 10.00 a.m, and 2.00 p.m, till filing of charge sheet/ final report.
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;-6-
NC: 2023:KHC:41366 CRL.P No. 11151 of 2023
d) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.
SD/-
JUDGE NMS