Rajesab Lalsab Pendari vs State Of Karnataka on 15 June, 2017

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Karnataka High Court

Rajesab Lalsab Pendari vs State Of Karnataka on 15 June, 2017

Bench: R.B Budihal.

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        IN THE HIGH COURT OF KARNATAKA
                DHARWAD BENCH

        DATED THIS THE 15TH DAY OF JUNE 2017

                        BEFORE

      THE HON'BLE MR. JUSTICE BUDIHAL. R.B

         CRIMINAL PETITION NO.101135/2017
       C/W.CRIMINAL PETITION NO.101136/2017


IN CRIMINAL PETITION NO.101135/2017
BETWEEN:

1.   Rajesab Lalsab Pendari,
     Age : 24 years, Occ : Coolie,
     R/o.Adavi Somapur Village,
     Gadag Dist.

2.   Girish Konappa Mukkannavar,
     Age : 28 years, Occ : Mason,
     R/o.Adavi Somapur Village,
     Gadag Dist.

3.   Mahesh Hanumappa Talawar,
     Age : 24 years, Occ : Mason,
     R/o.Adavi Somapur Village,
     Gadag Dist.

4.   Abdulsab Rafiqsab Pendari,
     Age : 24 years, Occ : Mason,
     R/o.Adavi Somapur Village,
     Gadag Dist.
                                       .......Petitioners

     (By Sri.R.M.Javed, Advocate)
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AND
      State of Karnataka
      Through Gadag Rural Police Station,
      Rep. by SPP, High Court,
      Dharwad.
                                            .....Respondent
      (By Sri.Praveen K.Uppar, HCGP)


      This Criminal Petition is filed under Section 439 of
Cr.P.C seeking to enlarge the petitioners on bail who are
arrayed as accused Nos.1 to 4 for the alleged offence
punishable under Section 399 of IPC in Gadag Rural
P.S.Crime No.104/2017 which is pending on the file of II
Additional Civil Judge and JMFC-II, Gadag.


IN CRIMINAL PETITION NO. 101136/2017
BETWEEN:

      Girishgouda @ Girish S/o.Sanganagouda Patil,
      Age : 19 years, Occ : Coolie,
      R/o.Adavi-Somapur Village, Gadag Dist.
                                             .......Petitioner
      (By Sri.R.M.Javed, Advocate)

AND

      State of Karnataka
      Through Gadag Rural Police Station,
      Rep. by SPP, High Court,
      Dharwad.
                                            .....Respondent
      (By Sri.Praveen K.Uppar, HCGP)


      This Criminal Petition is filed under Section 439 of
Cr.P.C seeking to enlarge the petitioner on bail who is
arrayed as accused No.5 for the alleged offence punishable
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under Section 399 of IPC in Gadag Rural P.S.Crime
No.104/2017 which is pending on the file of II Additional
Civil Judge and JMFC-II, Gadag. ***
       ********8
       These petitions are coming on for Orders, this day,
the court, made the following:


                          ORDER

Since these two petitions are in respect of same Crime Number and since common question of law and facts are involved in these petitions, they are taken up together and disposed off by this common order.

2. Criminal Petition No.101135/2017 is filed by accused No.1 to 4, Criminal Petition No. 101136/2017 is filed by the accused No.5.

3. The petitioners have filed the above petitions under Section 439 of Cr.P.C seeking their release on bail of the alleged offences punishable under Section 399 of IPC, registered in respondent police station Crime No.104/2017 and later after the completion of investigation filed charge sheet, under Section 402 of IPC was also involved in the case.

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4. Brief facts of the prosecution case that, Police Sub-Inspector of Gadag Rural Police Station filed a written complaint on 24.03.2017 alleging that, while he was in special patrolling duty along with his staff on 23.03.2017 at 23.30 hours, while they were on duty at 03.30 hours, 2- 3 lorries plying from Gadag to Hubli road, who saw the police, informed them that some un-known five persons near Chikatti School, at Adavi-Somapur village, are standing near the road with weapons like, iron rod, chain. Soon the police sent one constable to get two panchas and thereafter went to the spot at 03.55 a.m. and nabbed the four persons out of five and infront of panchas panchanama was drawn and details of the accused were taken, one person ran away from the scene. They were brought to the Police station and a complaint came to be registered against them.

5. Heard the learned counsel appearing for the respective petitioners/accused Nos.1 to 5 and also the learned HCGP appearing for the respondent-State. :5:

6. Learned counsel for the petitioners contended that, police allegation made against them, they never committed the alleged offence on the said place, they have also undertaken they are ready to abide by any reasonable conditions to be imposed by Court. As per the prosecution case, whatever the weapons they were possessing as alleged, were already seized in the presence of the pancha witnesses and nothing further is to be seized from them. The investigation is completed, charge sheet also already filed, the alleged offence under Section 399, 402 of IPC are also not exclusively punishable with death or life imprisonment. Hence by imposing reasonable conditions they can be admitted to regular bail.

7. Accordingly, both petitions are allowed. Petitioners herein i.e., accused No.1 to 5 are ordered to be released on bail, subject to following conditions:

i. Each petitioners shall execute personal bond for a sum of Rs.50,000/- and furnish one surety for the like sum to the satisfaction of concerned Court.

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ii. Petitioners shall not tamper with any of the prosecution witnesses directly or indirectly.

iii. Petitioners shall appear before the concerned Court regularly.

Sd/-

JUDGE Ckk

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