Karnataka High Court
Mr Vipin Raj vs State Of Karnataka on 6 November, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:44808
CRL.P No. 9738 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 9738 OF 2024
BETWEEN:
MR. VIPIN RAJ
S/O K. PUSHPARAJ
AGED ABOUT 32 YEARS
R/AT VIPIN VILASOM
MANKOTTUPONAM
MULLILAVINMOODU
ARUVIKKARA POST AND VILLAGE
TRIVANANTHAPURAM - 695 564
KERALA.
...PETITIONER
(BY MS. NAZEEFA M MULLA, ADV.)
AND:
STATE OF KARNATAKA
BY ITS MANGALURU RURAL
POLICE STATION
Digitally signed REP BY HIGH COURT SPP
by NANDINI
MS BENGALURU - 575 005.
Location: High ...RESPONDENT
Court of
Karnataka (BY SRI RAHUL RAI K, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS)
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN II
ADDL.DISTRICT AND SESSIONS JUDGE D.K AT MANGALURU IN
CRL.MISC.NO.694/2024 IN CR.NO.52/2024 REGISTERED BY
MANGALURU RURAL P.S. PENDING ON THE FILE OF J.M.F.C III
COURT, MANGALORE FOR THE OFFENCE P/U/S 395,397,506 R/W 149
OF IPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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NC: 2024:KHC:44808
CRL.P No. 9738 of 2024
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused No.11 in Crime No.52/2024 registered by Mangaluru Rural Police Station, Mangaluru City for the offences punishable under Sections 120(B), 457, 342, 323, 324, 307, 395, 397, 506 & 201 R/w 149 of IPC is before this Court seeking regular bail.
2. Heard the learned counsel appearing for the parties.
3. FIR in Crime No.52/2024 was registered by Mangalore Rural Police Station, Mangalore City initially for the offences punishable under Sections 395, 397, 506 R/w 149 of IPC against unknown persons, on the basis of first information dated 22.06.2024 received from Sri Padmanabha Kotyan S/o Late Lokayya Poojari. During the course of investigation, the petitioner was arrested and remanded to judicial custody on 22.07.2024. Investigation in the case is complete and charge sheet has been filed against eighteen persons. The petitioner herein is -3- NC: 2024:KHC:44808 CRL.P No. 9738 of 2024 arraigned as accused No.11 in the charge sheet filed for the aforesaid offences.
4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.694/2024 was dismissed on 24.08.2024. Therefore, he is before this Court.
5. Learned counsel appearing for the petitioner submits that the petitioner is a person having no criminal antecedents. He is the driver of the Innova car, in which the accused persons had traveled from Trivandrum to Mangalore. The petitioner was not at all a party to the alleged crime and he was not even aware of the same. There is no recovery from him in the present case. The father of the petitioner is suffering from cancer and there is nobody to take care of him. The petitioner, who is a driver by profession, is the sole bread winner of the family. Accordingly, he prays to allow the petition.
6. Per contra, learned HCGP has opposed the petition. He submits that the accused persons arrived -4- NC: 2024:KHC:44808 CRL.P No. 9738 of 2024 near the house of the first informant in the car, which was driven by the petitioner and after committing crime also they have returned in the very same car. The petitioner is paid a sum of Rs.5,000/- out of Rs.45,000/-, which was robbed from the house of the first informant. He submits that another case in Crime No.324/2016 is registered against the petitioner for the offence punishable under Section 279 of IPC. Accordingly, he prays to dismiss the petition.
7. FIR in Crime No.52/2024 was registered by Mangaluru Rural Police Station, Mangaluru city against unknown persons, on the basis of first information received from Padmanabha Kotyan, wherein it is averred that on 21.06.2024 at about 7.45 p.m, about 10 to 12 persons aged about 30-40 years wearing mask on their face and gloves on their hands entered into the compound of the first informant's house and one amongst them caught hold of the first informant. The first informant allegedly bit his hands and raised a cry. Another accused -5- NC: 2024:KHC:44808 CRL.P No. 9738 of 2024 allegedly assaulted the first informant with a knife on his right shoulder and right leg and other two accused persons pushed him down and kicked him and they tied his hands and legs and 3-4 accused thereafter entered into the house and threatened his wife and son with knife and asked them to give gold and cash. The accused persons thereafter searched the drawer, almirah etc., in the house and after robbing a sum of Rs.1,50,000/- and gold ornaments worth Rs.9 lakhs, criminally intimidated the first informant and other inmates of his house and escaped from the house in the Fortuner car of the first informant and left the car at a distance of half kilometer from the house of the first informant. It is also stated that all the accused persons were talking in Hindi language. It is in this background, FIR in Crime No.52/2024 was registered against unknown persons. During the course of investigation, the petitioner was arrested on 22.07.2024.
8. Investigation in the case is complete and charge sheet has been now filed against 18 accused -6- NC: 2024:KHC:44808 CRL.P No. 9738 of 2024 persons. The allegation in the charge sheet is that accused Nos.1 to 3 had conspired with other accused persons, who are from Kerala State to commit dacoity in the house of the first informant and in furtherance of such conspiracy, accused Nos.5, 6, 7, 9, 11, 12 to 18 (totally 12 persons) had traveled in two vehicles bearing registration No.KL-08- BH-5212 and KL-45-J-5005 and after reaching Kannur in Mangaluru taluk, accused Nos.9 and 14 stayed back at Kannur in vehicle bearing registration No.KL-08-BH-5212 and accused Nos.5, 6, 7, 12, 13, 15, 16, 17 & 18 had traveled in the Innova car bearing registration No.KL-45-J- 5005, of which the petitioner was the driver and the petitioner allegedly dropped them at a distance of half kilometer from the house of the first informant. Thereafter, they walked to the house of the first informant and after entering the compound of the first informant's house they had assaulted the first informant, tied his hands and legs had entered into his house and threatened the other inmates of the house and had robbed the cash and gold as aforesaid from the first informant's house and -7- NC: 2024:KHC:44808 CRL.P No. 9738 of 2024 had escaped from the house of the first informant in his fortuner car, which was abandoned at a distance of half kilometer from the house of the first informant.
9. In the charge sheet it is alleged that accused persons, who escaped from the house of the first informant in his fortuner car had called the petitioner herein from the place, where they had abandoned the fortuner car and thereafter traveled in the Innova car driven by the petitioner.
10. From the aforesaid analysis of the matter, it is apparent that the petitioner had not accompanied the other accused persons to the house of the first informant. He had dropped the aforesaid accused persons at a distance of about half kilometer from the house of the first informant and aforesaid accused persons had walked to the house of the first informant and after committing crime had returned to the spot where they were dropped by the petitioner in the fortuner car and thereafter traveled in his car. Even according to the prosecution only -8- NC: 2024:KHC:44808 CRL.P No. 9738 of 2024 a sum of Rs.5,000/- was paid to the petitioner after the dacoity was committed.
11. According to the petitioner he is a driver by profession and his service was misused by the accused persons. The case earlier registered against the petitioner in Crime No.324/2016 for the offence punishable under Section 279 of IPC would go to show that, he is a driver by profession. The petitioner does not have any other criminal antecedents. He is in custody from 22.07.2024. Investigation in the case is completed and charge sheet has been filed. Undisputedly, there is no recovery from the petitioner in the present case. Learned counsel for the petitioner has produced medical records before this Court to show that the father of the petitioner is suffering from cancer and he is undergoing treatment for the same.
12. Considering the aforesaid aspects of the matter, I am of the opinion that, without expressing any opinion on the merits/demerits of the case, the prayer made by -9- NC: 2024:KHC:44808 CRL.P No. 9738 of 2024 the petitioner for grant of regular bail needs to be answered affirmatively.
13. Accordingly, the following:
ORDER The petitioner is directed to be enlarged on bail in Crime No.52/2024 registered by Mangaluru Rural Police Station, Mangaluru City for the offences punishable under Sections 120(B), 457, 342, 323, 324, 307, 395, 397, 506 & 201 R/w 149 of IPC, subject to the following conditions:
a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum (out of which, one surety shall be local surety) to the satisfaction of the jurisdictional Court;
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;
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NC: 2024:KHC:44808 CRL.P No. 9738 of 2024
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in
similar offences in future;
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
NMS