Karnataka High Court
Sri. Suresh V Shet vs The State Of Karnataka on 21 March, 2016
Author: A.V.Chandrashekara
Bench: A.V.Chandrashekara
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF MARCH 2016
BEFORE
THE HON'BLE MR.JUSTICE A.V.CHANDRASHEKARA
CRIMINAL PETITION NO.1838/2016
C/W
CRIMINAL PETITION NOs.1769/2016, 1770/2016,
1771/2016, 1772/2016, 1773/2016, 1774/2016,
1775/2016, 1776/2016, 1777/2016, 1778/2016,
1779/2016, 1780/2016
IN CRL.P.1838/2016:
BETWEEN:
SRI. SURESH.V. SHET
S/O VENKATESH SHET
AGED ABOUT 52 YEARS
GOLDSMITH
R/O 4TH CROSS, 'MOOKAMBIKA NILAYA'
YALE REVANNANA KERI
SHIVAMOGGA CITY - 577 201
... PETITIONER
(BY SRI.PRASAD.B.S., ADV.)
AND:
THE STATE OF KARNATAKA BY
TUNGA NAGARA POLICE
SHIMOGA, SHIMOGA DISTRICT - 577 201
... RESPONDENT
(BY SRI. B.J. ESHWARAPPA, HCGP)
2
THIS CRL.P IS FILED U/S. 439 OF CR.P.C.
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.579/2015 OF TUNGA NAGAR P.S.,
SHIVAMOGGA DISTRICT FOR THE OFFENCE P/U/S
392 OF IPC.
IN CRL.P.1769/2016:
BETWEEN:
SRI. SURESH.V. SHET
S/O VENKATESH SHET
AGED ABOUT 52 YEARS
GOLDSMITH
R/O 4TH CROSS, 'MOOKAMBIKA NILAYA'
YALE REVANNANA KERI
SHIVAMOGGA CITY - 577 201
... PETITIONER
(BY SRI.PRASAD.B.S., ADV.)
AND:
THE STATE OF KARNATAKA BY
KOTE POLICE
SHIMOGA
SHIMOGA DISTRICT - 577 201
... RESPONDENT
(BY SRI. B.J. ESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S. 439 OF CR.P.C.
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.235/2015 OF KOTE P.S., SHIVAMOGGA
DISTRICT FOR THE OFFENCE P/U/S 392 OF IPC.
3
IN CRL.P.1770/2016:
BETWEEN:
SRI. SURESH.V. SHET
S/O VENKATESH SHET
AGED ABOUT 52 YEARS
GOLDSMITH
R/O 4TH CROSS, 'MOOKAMBIKA NILAYA'
YALE REVANNANA KERI
SHIVAMOGGA CITY - 577 201
... PETITIONER
(BY SRI.PRASAD.B.S., ADV.)
AND:
THE STATE OF KARNATAKA BY
DODDAPETE POLICE
SHIMOGA, SHIMOGA DISTRICT - 577 201
... RESPONDENT
(BY SRI. B.J. ESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S. 439 OF CR.P.C.
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.406/2015 OF DODDAPETE P.S., SHIVAMOGGA
DISTRICT FOR THE OFFENCE P/U/S 392 OF IPC.
IN CRL.P.1771/2016:
BETWEEN:
SRI. SURESH.V. SHET
S/O VENKATESH SHET
AGED ABOUT 52 YEARS
GOLDSMITH
R/O 4TH CROSS, 'MOOKAMBIKA NILAYA'
4
YALE REVANNANA KERI
SHIVAMOGGA CITY - 577 201
... PETITIONER
(BY SRI.PRASAD.B.S., ADV.)
AND:
THE STATE OF KARNATAKA BY
KOTE POLICE
SHIMOGA
SHIMOGA DISTRICT - 577 201
... RESPONDENT
(BY SRI. B.J. ESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S. 439 OF CR.P.C.
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.442/2015 OF DODDAPETE P.S., SHIVAMOGGA
FOR THE OFFENCE P/U/S 392 OF IPC.
IN CRL.P.1772/2016:
BETWEEN:
SRI. SURESH.V. SHET
S/O VENKATESH SHET
AGED ABOUT 52 YEARS
GOLDSMITH
R/O 4TH CROSS, 'MOOKAMBIKA NILAYA'
YALE REVANNANA KERI
SHIVAMOGGA CITY - 577 201
... PETITIONER
(BY SRI.PRASAD.B.S., ADV.)
AND:
THE STATE OF KARNATAKA BY
JAYANAGARA POLICE
5
SHIMOGA
SHIMOGA DISTRICT - 577 201
... RESPONDENT
(BY SRI. B.J. ESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S. 439 OF CR.P.C.
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.112/2015 OF JAYANAGARA P.S., SHIVAMOGGA
FOR THE OFFENCE P/U/S 392 OF IPC.
IN CRL.P.1773/2016:
BETWEEN:
SRI. SURESH.V. SHET
S/O VENKATESH SHET
AGED ABOUT 52 YEARS
GOLDSMITH
R/O 4TH CROSS, 'MOOKAMBIKA NILAYA'
YALE REVANNANA KERI
SHIVAMOGGA CITY - 577 201
... PETITIONER
(BY SRI.PRASAD.B.S., ADV.)
AND:
THE STATE OF KARNATAKA BY
VINOBANAGARA POLICE
SHIMOGA
SHIMOGA DISTRICT - 577 201
... RESPONDENT
(BY SRI. B.J. ESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S. 439 OF CR.P.C.
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.171/2015 OF VINOBANAGARA P.S.,
6
SHIVAMOGGA DISTRICT FOR THE OFFENCE P/U/S
392 OF IPC.
IN CRL.P.1774/2016:
BETWEEN:
SRI. SURESH.V. SHET
S/O VENKATESH SHET
AGED ABOUT 52 YEARS
GOLDSMITH
R/O 4TH CROSS, 'MOOKAMBIKA NILAYA'
YALE REVANNANA KERI
SHIVAMOGGA CITY - 577 201
... PETITIONER
(BY SRI.PRASAD.B.S., ADV.)
AND:
THE STATE OF KARNATAKA BY
VINOBANAGARA POLICE
SHIMOGA
SHIMOGA DISTRICT - 577 201
... RESPONDENT
(BY SRI. B.J. ESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S. 439 OF CR.P.C.
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.201/2015 OF VINOBANAGARA P.S.,
SHIVAMOGGA DISTRICT FOR THE OFFENCE P/U/S
392 OF IPC.
7
IN CRL.P.1775/2016:
BETWEEN:
SRI. SURESH.V. SHET
S/O VENKATESH SHET
AGED ABOUT 52 YEARS
GOLDSMITH
R/O 4TH CROSS, 'MOOKAMBIKA NILAYA'
YALE REVANNANA KERI
SHIVAMOGGA CITY - 577 201
... PETITIONER
(BY SRI.PRASAD.B.S., ADV.)
AND:
THE STATE OF KARNATAKA BY
VINOBANAGARA POLICE
SHIMOGA, SHIMOGA DISTRICT - 577 201
... RESPONDENT
(BY SRI. B.J. ESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S. 439 OF CR.P.C.
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.4/2016 OF VINOBANAGAR P.S., SHIVAMOGGA
FOR THE OFFENCE P/U/S 392 OF IPC.
IN CRL.P.1776/2016
BETWEEN:
SRI. SURESH.V. SHET
S/O VENKATESH SHET
AGED ABOUT 52 YEARS
GOLDSMITH
R/O 4TH CROSS, 'MOOKAMBIKA NILAYA'
8
YALE REVANNANA KERI
SHIVAMOGGA CITY - 577 201
... PETITIONER
(BY SRI.PRASAD.B.S., ADV.)
AND:
THE STATE OF KARNATAKA BY
TUNGA NAGARA POLICE
SHIMOGA
SHIMOGA DISTRICT - 577 201
... RESPONDENT
(BY SRI. B.J. ESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S. 439 OF CR.P.C.
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.596/2015 OF TUNGA NAGAR P.S.,
SHIVAMOGGA DISTRICT FOR THE OFFENCE P/U/S
392 OF IPC.
IN CRL.P.1777/2016:
BETWEEN:
SRI. SURESH.V. SHET
S/O VENKATESH SHET
AGED ABOUT 52 YEARS
GOLDSMITH
R/O 4TH CROSS, 'MOOKAMBIKA NILAYA'
YALE REVANNANA KERI
SHIVAMOGGA CITY - 577 201
... PETITIONER
(BY SRI.PRASAD.B.S., ADV.)
9
AND:
THE STATE OF KARNATAKA BY
TUNGA NAGARA POLICE
SHIMOGA
SHIMOGA DISTRICT - 577 201
... RESPONDENT
(BY SRI. B.J. ESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S. 439 OF CR.P.C.
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.559/2015 OF TUNGA NAGAR P.S.,
SHIVAMOGGA FOR THE OFFENCE P/U/S 392 OF IPC.
IN CRL.P.1778/2016:
BETWEEN:
SRI. SURESH.V. SHET
S/O VENKATESH SHET
AGED ABOUT 52 YEARS
GOLDSMITH
R/O 4TH CROSS, 'MOOKAMBIKA NILAYA'
YALE REVANNANA KERI
SHIVAMOGGA CITY - 577 201
... PETITIONER
(BY SRI.PRASAD.B.S., ADV.)
AND:
THE STATE OF KARNATAKA BY
TUNGA NAGARA POLICE
SHIMOGA
SHIMOGA DISTRICT - 577 201
... RESPONDENT
(BY SRI. B.J. ESHWARAPPA, HCGP)
10
THIS CRL.P IS FILED U/S. 439 OF CR.P.C.
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.5/2016 OF TUNGA NAGAR P.S., SHIVAMOGGA
DISTRICT FOR THE OFFENCE P/U/S 392 OF IPC.
IN CRL.P.1779/2016:
BETWEEN:
SRI. SURESH.V. SHET
S/O VENKATESH SHET
AGED ABOUT 52 YEARS
GOLDSMITH
R/O 4TH CROSS, 'MOOKAMBIKA NILAYA'
YALE REVANNANA KERI
SHIVAMOGGA CITY - 577 201
... PETITIONER
(BY SRI.PRASAD.B.S., ADV.)
AND:
THE STATE OF KARNATAKA BY
TUNGA NAGARA POLICE
SHIMOGA
SHIMOGA DISTRICT - 577 201
... RESPONDENT
(BY SRI. B.J. ESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S. 439 OF CR.P.C.
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.572/2015 OF TUNGA NAGAR P.S.,
SHIVAMOGGA DISTRICT FOR THE OFFENCE P/U/S
392 OF IPC.
11
IN CRL.P.1780/2016:
BETWEEN:
SRI. SURESH.V. SHET
S/O VENKATESH SHET
AGED ABOUT 52 YEARS
GOLDSMITH
R/O 4TH CROSS, 'MOOKAMBIKA NILAYA'
YALE REVANNANA KERI
SHIVAMOGGA CITY - 577 201
... PETITIONER
(BY SRI.PRASAD.B.S., ADV.)
AND:
THE STATE OF KARNATAKA BY
DODDAPETE POLICE
SHIMOGA
SHIMOGA DISTRICT - 577 201
... RESPONDENT
(BY SRI. B.J. ESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S. 439 OF CR.P.C.
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.500/2015 OF DODDAPETE P.S., SHIVAMOGGA
DISTRICT FOR THE OFFENCE P/U/S 392 OF IPC.
THESE PETITIONS COMING ON FOR ORDERS
THIS DAY, THE COURT PASSED THE FOLLOWING:
12
COMMON ORDER
Heard the learned counsel for the petitioner and the learned Government Pleader for the respondent - police. All the petitions are filed under Section 439 of Cr.P.C.
2. Petitioner is accused in all the criminal cases registered by the different respondent police Stations in different Crime Numbers. They are as follows:-.
Sl. Crl.P.No. Crime No. Police Station No.
1. 1838/2016 579/2015, Tunganagar, Shivomogga
2. 1769/2016 235/2015 Kote, Shivamogga
3. 1770/2016 406/2015 Doddapete, Shivamogga
4. 1771/2016 442/2015 Doddapete, Shivamogga
5. 1772/2016 112/2015 Jayanagar Shivamogga
6. 1773/2016 171/2015 Vinobanagara Shivamogga
7. 1774/2016 201/2015 Vinobhanagara Shivamogga 13
8. 1775/2016 4/2016 Vinobhanagara Shivamogga
9. 1776/2015 596/2015 Tunganagara Shivamogga
10. 1777/2015 559/2015 Tunganagara Shivamogga
11. 1778/2015 5/2016 Tunganagara Shivamogga
12. 1779/2016 572/2015 Tunganagara Shivamogga
13. 1780/2016 500/2015 Doddapete Shivamogga He is in judicial custody since 14.01.2016. Main allegation against this petitioner is that he is in the habit of receiving golden ornaments though knowing fully well that they were stolen ornaments or ornaments robbed from innocent persons.
3. Learned Government Pleader has vehemently opposed the bail application on the ground that prima facie case is forthcoming in regard to the receipt of stolen articles by this petitioner in several cases and he may not be released on bail. It is further submitted that investigation is still in progress and if he is let on bail he 14 is likely to threaten the witnesses. Hence he requests to dismiss this bail application.
4. Perused the records.
5. Admittedly recovery is made at the instance of this petitioner. The main allegation against this petitioner is that he had received stolen articles knowing fully well that accused who are in the habit of robbing the golden articles and ornaments. Anyhow, major investigation in the matter is already over. Petitioner is a long standing goldsmith in the Shivamogga City and he has undertaken to obey any condition which may be imposed on him. Therefore, he is entitled to be released on bail. Thus the apprehension of the learned Government Pleader could be suitably addressed by imposing proper conditions. Accordingly the following:- 15
ORDER
1. Petitions are allowed.
2. The petitioner is ordered to be released on bail in all the petitions on him executing a personal bond for a sum of Rs.75,000/- (Seventy Five Thousand Rupees Only) with one surety each for the likesum to the satisfaction of the concerned Court .
3. He shall mark his attendance once in a month on every 4th Sunday between 9.00 AM to 5.00 PM before the jurisdictional police station without fail till the disposal of these cases.
4. He shall not hold out threats to the prosecution witnesses in any manner.
5. He shall cooperate with the I.O. in conducting further investigation.
6. He shall attend the concerned court on all the dates of hearing without fail.
Sd/-
JUDGE Bsv