Karnataka High Court
Ambati Ramkrishna Reddy S/O Late Ambati ... vs State Of Karnataka on 13 December, 2023
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NC: 2023:KHC-D:14599
CRL.P No. 102524 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.RACHAIAH
CRIMINAL PETITION NO. 102524 OF 2023
BETWEEN:
AMBATI RAMKRISHNA REDDY
S/O LATE AMBATI PULLA REDDY,
AGE: 60 YEARS, OCC: BUSINESS,
R/O: D.NO.8 /101, MAIN BAZAAR,
TADAPATHRI, ANANTHAPUR DISTRICT.
...PETITIONER
(BY SRI. RAJA RAGHAVENDRA V.NAIK, ADVOCATE)
AND:
STATE OF KARNATAKA
THROUGH GANDHI NAGAR P.S.
R/BY ITS PUBLIC PROSECUTOR,
ADVOCATE GENERAL OFFICE,
DHARWAD.
...RESPONDENT
(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP)
Digitally
signed by
THIS CRIMINAL PETITION IS FILED U/SEC. 438 OF CR.P.C.
VN
VN BADIGER
BADIGER Date:
2023.12.18
SEEKING THAT PETITIONER/ACCUSED NO.4 MAY BE RELEASED
14:59:23
+0530
ON BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH
CRIME NO.18/2019 OF GANDHI NAGAR POLICE STATION,
BALLARI AND SPLIT UP CC NO.92/2022 WHEREIN, THE MAIN CC
NO.1094/2021 FOR THE OFFENCES P/U/S 392, 411 OF IPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2023:KHC-D:14599
CRL.P No. 102524 of 2023
ORDER
Heard Shri Raja Raghavendra V.Naik, learned counsel for the petitioner and Smt.Girija S.Hiremath, learned High Court Government Pleader for the respondent-State.
2. The petitioner herein is accused No.4 in Crime No.18/2019 of Gandhinagar Police Station for the offences punishable under Sections 392 and 411 of Indian Penal Code (for short "IPC"). The present petitioner is the resident of Tadapathri, Ananthapur District and he was declared as absconder and separate split up chare sheet is filed.
3. Brief facts of the case:-
On 26.03.2019 at about 9.20 p.m. when the complainant along with CW.4 were proceeding on Moka Road near Ganesh Temple, at that time, the accused No.1 and 2 came in their motorcycle and the accused No.1 snatched the golden chain from the neck of the complainant weighing 50 grams of worth Rs.1,25,000/- -3-
NC: 2023:KHC-D:14599 CRL.P No. 102524 of 2023 and ran away from the spot. Hence, the complainant has lodged a complaint before the police about the said incident. The jurisdictional police have conducted investigation and submitted the charge sheet.
4. The petitioner herein said to be the receiver of the stolen goods. A split up charge sheet has been filed against the petitioner herein.
5. It is the submission of learned counsel for the petitioner that the petitioner is innocent of the alleged offences. He was not aware about the stolen goods. In his usual course, he has purchased the gold items and paid the amount to the accused. However, the petitioner came to know about the incident only after he received intimation regarding filing of the case. Split up charge sheet came to be registered which is numbered as CC.No.92/2022.
6. It is further submitted that the petitioner is the permanent resident of Tadapathri, Ananthapur District and -4- NC: 2023:KHC-D:14599 CRL.P No. 102524 of 2023 he is the earning member of the family. The said goods alleged to have been purchased by the petitioner was at the instance of accused No.3. The petitioner will abide the conditions imposed by this Court in the event of his release on bail. Making such submission, learned counsel for the petitioner prays to allow the petition.
7. Per contra, learned HCGP for the respondent/ State vehemently opposed the bail petition and submitted that the petitioner is habitual offender, there are 4 cases pending against him, that itself indicates about the habituality. It is further submitted that the petitioner is the permanent resident of Tadapathri, Ananthapur District and there may be chances of absconding and fleeing away from justice and also there may be chances of hampering the Court proceedings. Therefore, if the bail petition is rejected, the proceedings of the Court may be proceeded swiftly and disposed of the matter as early as possible. Making such submission, learned HCGP prays to dismiss the petition.
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NC: 2023:KHC-D:14599 CRL.P No. 102524 of 2023
8. Having heard learned counsel for the respective parties and also on perusal of the averments of the complaint, FIR and split up charge sheet, the accused No.1 and 2 said to have snatched the golden chain of the complainant and sold the same to accused No.3, who was running a pawn broker shop. Accused No.3 was also working as an employee of Railway Department. The said accused No.3 pledged the gold ornaments to accused No.4 who is the petitioner herein. The recovery effected at the instance of accused No.3, the petitioner is arraigned as accused No.4. The said fact came to know to the petitioner only after issuance of NBW against him. Hence, considering the facts and circumstances of the case, it is appropriate to grant bail to the petitioner by imposing suitable conditions. Moreover, the alleged offence is neither punishable with death nor imprisonment for life. Hence, I proceed to pass the following:
ORDER The petition is allowed.-6-
NC: 2023:KHC-D:14599 CRL.P No. 102524 of 2023 The petitioner/accused No.4 is ordered to be released on bail in Crime No.18/2019 of Gandhi Nagar Police Station, Ballari and split up C.C.No.92/2022 in the event of his arrest by the jurisdictional police/respondent police on the following conditions:
a) The petitioner shall execute personal bond in a sum of Rs.1,00,000/- with one local surety for the likesum.
b) The petitioner shall appear before the Trial Court within one month from the date of receipt of certified copy of this order.
c) It is directed the Trial Court to take bond and surety after surrendering of the petitioner.
d) The petitioner shall appear before the Trial Court on all dates of hearing.
Sd/-
JUDGE VB List No.: 1 Sl No.: 10