Karnataka High Court
Auval Rakesh @ Chinna Rakesh And Ors vs The State Of Karnataka on 4 March, 2020
Author: K Natarajan
Bench: K. Natarajan
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 04TH DAY OF MARCH 2020
BEFORE
THE HON'BLE MR. JUSTICE K. NATARAJAN
CRIMINAL PETITION No.200175/2020
C/W
CRIMINAL PETITION NOS.200170/2020,
200173/2020 AND 200174/2020
IN CRIMINAL PETITION NO.200175/2020
BETWEEN:
01. AUVAL RAKESH @ CHINNA RAKESH
S/O DAVED
AGE: 22 YEARS OCC: LABOUR
02. AKULA ARJUN @ AKULA RAJU
S/O THOMAS
AGE: 25 YEARS OCC: DRIVER
03. GODDETTEE RAKESH S/O SUNDRAM
AGE: 24 YEARS OCC: LABOUR
04. GOGAL MAHADEV S/O SUNDRAM
AGE: 39 YEARS OCC: LABOUR
05. AKULA SUSHILA W/O AKULA VIJAYKUMAR
AGE: 40 YEARS OCC: H.H.
2
06. AKULA VIJAYKUMAR S/O JAYPAL
AGE: 45 YEARS OCC: LABOUR
ALL OF R/O: KAPRAL TIPPA, BHOGAL MANDAL
TQ: KAWALI, DIST: NELLORE (AP) - 524201.
... PETITIONERS
(BY SRI GANESH NAIK, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH NEW TOWN POLICE STATION, BIDAR
DIST: BIDAR, REPRESENTED BY
ADDL. SPP HIGH COURT OF KARNATAKA
AT KALABURAGI DIST: KALABURAGI-585 107.
... RESPONDENT
(BY SRI MALLIKARJUN SAHUKAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 OF CRIMINAL PROCEDURE CODE
PRAYING TO ALLOW THE PETITION THEREBY
ENLARGE THE PETITIONERS ON BAIL IN CRIME
NO.5/2018 (PENDING ON THE FILE OF II ADDL.
SENIOR CIVIL JUDGE AND JMFC AT BIDAR IN
C.C.NO.487/2019) REGISTERED BY THE NEW TOWN
POLICE STATION, DIST: BIDAR FOR THE OFFENCE
PUNISHABLE UNDER SECTION 392 OF IPC.
3
IN CRIMINAL PETITION NO.200170/2020
BETWEEN:
01. AUVAL RAKESH @ CHINNA RAKESH
S/O DAVED
AGE: 22 YEARS OCC: LABOUR
02. AKULA ARJUN @ AKULA RAJU
S/O THOMAS
AGE: 25 YEARS OCC: DRIVER
03. GODDETTEE RAKESH S/O SUNDRAM
AGE: 24 YEARS OCC: LABOUR
04. GOGAL MAHADEV S/O SUNDRAM
AGE: 39 YEARS OCC: LABOUR
05. AKULA SUSHILA W/O AKULA VIJAYKUMAR
AGE: 40 YEARS OCC: H.H.
06. AKULA VIJAYKUMAR S/O JAYPAL
AGE: 45 YEARS OCC: LABOUR
ALL OF R/O: KAPRAL TIPPA, BHOGAL MANDAL
TQ: KAWALI, DIST: NELLORE (AP) - 524201.
... PETITIONERS
(BY SRI GANESH NAIK, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH NEW TOWN POLICE STATION, BIDAR
DIST: BIDAR, REPRESENTED BY
ADDL. SPP HIGH COURT OF KARNATAKA
AT KALABURAGI DIST: KALABURAGI-585 107.
... RESPONDENT
(BY SRI MALLIKARJUN SAHUKAR, HCGP)
4
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 OF CRIMINAL PROCEDURE CODE
PRAYING TO ALLOW THE PETITION THEREBY
ENLARGE THE PETITIONERS ON BAIL IN CRIME
NO.108/2019 (PENDING ON THE FILE OF II ADDL.
SENIOR CIVIL JUDGE AND JMFC AT BIDAR IN
C.C.NO.490/2019) REGISTERED BY THE NEW TOWN
POLICE STATION, DIST: BIDAR FOR THE OFFENCE
PUNISHABLE UNDER SECTION 379 OF IPC.
IN CRIMINAL PETITION NO.200173/2020
BETWEEN:
01. AUVAL RAKESH @ CHINNA RAKESH
S/O DAVED
AGE: 22 YEARS OCC: LABOUR
02. AKULA ARJUN @ AKULA RAJU
S/O THOMAS
AGE: 25 YEARS OCC: DRIVER
03. GODDETTEE RAKESH S/O SUNDRAM
AGE: 24 YEARS OCC: LABOUR
04. GOGAL MAHADEV S/O SUNDRAM
AGE: 39 YEARS OCC: LABOUR
5
05. AKULA SUSHILA W/O AKULA VIJAYKUMAR
AGE: 40 YEARS OCC: H.H.
06. AKULA VIJAYKUMAR S/O JAYPAL
AGE: 45 YEARS OCC: LABOUR
ALL OF R/O: KAPRAL TIPPA, BHOGAL MANDAL
TQ: KAWALI, DIST: NELLORE (AP) - 524201.
... PETITIONERS
(BY SRI GANESH NAIK, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH NEW TOWN POLICE STATION, BIDAR
DIST: BIDAR, REPRESENTED BY
ADDL. SPP HIGH COURT OF KARNATAKA
AT KALABURAGI DIST: KALABURAGI-585 107.
... RESPONDENT
(BY SRI MALLIKARJUN SAHUKAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 OF CRIMINAL PROCEDURE CODE
PRAYING TO ALLOW THE PETITION THEREBY
ENLARGE THE PETITIONERS ON BAIL IN CRIME
NO.12/2019 (PENDING ON THE FILE OF II ADDL.
SENIOR CIVIL JUDGE AND JMFC AT BIDAR IN
C.C.NO.488/2019) REGISTERED BY THE NEW TOWN
POLICE STATION, DIST: BIDAR FOR THE OFFENCE
PUNISHABLE UNDER SECTION 394 OF IPC.
6
IN CRIMINAL PETITION NO.200174/2020
BETWEEN:
01. AUVAL RAKESH @ CHINNA RAKESH
S/O DAVED
AGE: 22 YEARS OCC: LABOUR
02. AKULA ARJUN @ AKULA RAJU
S/O THOMAS
AGE: 25 YEARS OCC: DRIVER
03. GODDETTEE RAKESH S/O SUNDRAM
AGE: 24 YEARS OCC: LABOUR
04. GOGAL MAHADEV S/O SUNDRAM
AGE: 39 YEARS OCC: LABOUR
05. AKULA SUSHILA W/O AKULA VIJAYKUMAR
AGE: 40 YEARS OCC: H.H.
06. AKULA VIJAYKUMAR S/O JAYPAL
AGE: 45 YEARS OCC: LABOUR
ALL OF R/O: KAPRAL TIPPA, BHOGAL MANDAL
TQ: KAWALI, DIST: NELLORE (AP) - 524201.
... PETITIONERS
(BY SRI GANESH NAIK, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH NEW TOWN POLICE STATION, BIDAR
DIST: BIDAR, REPRESENTED BY
ADDL. SPP HIGH COURT OF KARNATAKA
AT KALABURAGI DIST: KALABURAGI-585 107.
... RESPONDENT
(BY SRI MALLIKARJUN SAHUKAR, HCGP)
7
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 OF CRIMINAL PROCEDURE CODE
PRAYING TO ALLOW THE PETITION THEREBY
ENLARGE THE PETITIONERS ON BAIL IN CRIME
NO.201/2018 (PENDING ON THE FILE OF II ADDL.
SENIOR CIVIL JUDGE AND JMFC AT BIDAR IN
C.C.NO.474/2019) REGISTERED BY THE NEW TOWN
POLICE STATION, DIST: BIDAR FOR THE OFFENCE
PUNISHABLE UNDER SECTION 392 OF IPC.
THESE PETITIONS COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are accused Nos.1 to 6 have filed these petitions under Section 439 of Cr.P.C. for grant of regular bail.
8
02. The Crl.P.No.200170/2020 is arising out of Crime No.108/2019 for the offence punishable under Section 379 of IPC, Crl.P.No.200173/2020 is arising out of Crime No.12/2019 for the offence punishable under Section 394 of IPC, Crl.P.No.200174/2020 is arising out of Crime No.201/2018 for the offence punishable under Section 392 of IPC and Crl.P.No.200175/2020 is arising out of Crime No.5/2018 for the offence punishable under Section 392 of IPC, registered by the New Town Police Station, Bidar.
03. The respondent - Police have arrested the petitioners in Crime No.114/2019 for the offence punishable under Section 379 of IPC. During the investigation it was revealed that these petitioners were also involved in another six cases including the above said four cases. During the investigation the police have recovered cash of Rs.1,25,000/- on the voluntary statement of the accused and seized the same in the 9 presence of panchas. The earlier bail petitions filed before the Trial Court are came to rejected and also the bail petitions filed before the District and Sessions Court, came to be rejected. Hence, the petitioners are before this Court.
04. The learned counsel for the petitioners contended that the petitioners are innocent and they are falsely implicated in these cases. Absolutely, there is no material placed on record to connect these petitioners with the crimes. The petitioners are labourers and working on daily wage basis. Merely, they are involved in one case that itself is not a ground to implicate the petitioners in all these cases. The offences are not exclusively punishable with death or imprisonment for life. They are ready and willing to abide by any conditions if bail is granted in their favour. Accordingly, he prayed to allow the petitions.
10
05. The learned High Court Government Pleader objected the bail petitions on the ground that petitioners are habitual offenders and they are from Andhra Pradesh. If bail granted to them, they may abscond from the case and delay the proceedings is not ruled out and it is very difficult to secure them. They are also involved in so many other cases. Accordingly, he prayed to dismiss the petitions.
06. After hearing the arguments and on perusal of the records, it is no doubt that all the offences were registered against the unknown persons in all above said crimes. In crime No.5/2018 it was alleged that a sum of Rs.2,00,000/- was robbed. In Crime No.108/2019 it was alleged that there was stolen of Rs.70,000/-. In Crime No.12/2019 it was alleged that there was robbery of Rs.2,05,000/-. In Crime No.201/2018 it was alleged that there was robbery of Rs.1,00,000/-. Admittedly, all the offences are registered against unknown persons. These petitioners 11 are arrested by the police in Crime No.114/2019 and the Sessions Court has already granted bail to these petitioners in Crl.Misc.No.657/2019 on 20.11.2019. The offences are not exclusively punishable with death or imprisonment for life and tried by the learned Magistrate. The only apprehension of the prosecution is that if the petitioners are released on bail there is likelihood of committing similar offences and also absconding from the case and delay the proceedings is not ruled out.
07. Learned counsel for the petitioners has produced the copies of the ration card and aadhar card of the petitioners, which shows that they are permanent residents of Nellore District (Andra Pradesh). Merely, the police have registered the cases against the petitioners alleging that the petitioners are involved in so many other cases, that is not a ground to reject the bail petitions, as there is no previous conviction held 12 against them. Merely, they are from Andhra Pradesh that itself is not a ground to reject the bail applications. Therefore, without expressing any opinion on the merits of the case at this stage, these are the fit case for granting bail to the petitioners. Accordingly, I hold that the petitioners have made out a case for grant of bail. Hence, I proceed to pass the following:
ORDER The bail petitions filed under Section 439 of Cr.P.C. are allowed, subject to following conditions:
1. The Committal Court/Trial Court is ordered to release the petitioners on bail on execution of personal bonds for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with two sureties for the likesum to the satisfaction of the Trial Court. Out of that one surety is from the native of the village of petitioners and another one is cash surety for a sum of Rs.5,000/- each petitioner in a each case.13
2. Petitioners shall not indulge in similar offences strictly;
3. Petitioners shall not tamper with the prosecution witnesses directly/indirectly;
4. The petitioners shall attend the Court proceedings without causing any delay.
5. The petitioners shall furnish permanent addresses to the Trial Court before their release.
6. The petitioners shall furnish the original copies of the ration card and aadhar card before the Trial Court and the Trial Court may release the petitioners after verification of the same.
The Trial Court shall proceed to conclude the trial without any delay.
Sd/-
JUDGE KJJ