Karnataka High Court
Ajit S/O Bharath Naik vs The State Of Karnataka on 5 August, 2019
Author: K.Somashekar
Bench: K. Somashekar
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 5TH DAY OF AUGUST 2019
BEFORE
THE HON'BLE MR. JUSTICE K. SOMASHEKAR
CRL. P. NO. 101416/2019 C/W
CRL. P. NO. 101423/2019,
CRL. P. NO. 101407/2019 AND
CRL. P. NO. 101412/2019
IN CRL. P. NO. 101416/2019
BETWEEN:
AJIT S/O BHARATH NAIK,
AGED ABOUT 25 YEARS,
OCC.: BUSINESS, R/O BELEKERI,
TQ: ANKOLA, DIST: KARWAR.
- PETITIONER
(BY SRI. SHIVAKUMAR S. BADAWADAGI, ADVOCATE)
AND:
THE STATE OF KARNATAKA THROUGH
SPP, HIGH COURT OF KARNATAKA,
HIGH COURT BUILDING, DHARWAD,
THROUGH ANKOLA POLICE STATION,
DIST: KARWAR.
- RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, GOVT. PLEADER)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. SEEKING TO ENLARGE THE PETITIONER (ACCUSED
NO.5) ON BAIL IN CRIME NO. 162/2019 OF ANKIOLA POLICE
STATION REGISTERED FOR THE OFFENCES PUNISHABLE U/s
341, 323, 395, 504, 506 OF IPC & ETC.
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IN CRL. P. NO. 101423/2019
BETWEEN:
NARASIMHA S/O BOMMAYYA NAYAK,
AGED ABOUT 47 YEARS,
OCC.: BUSINESS, R/O SHIRAGUNJI,
TQ: ANKOLA, DIST: KARWAR.
- PETITIONER
(BY SRI. SHIVAKUMAR S. BADAWADAGI, ADVOCATE)
AND:
THE STATE OF KARNATAKA THROUGH
SPP, HIGH COURT OF KARNATAKA,
HIGH COURT BUILDING, DHARWAD,
THROUGH ANKOLA POLICE STATION,
DIST: KARWAR.
- RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, GOVT. PLEADER)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. SEEKING TO ENLARGE THE PETITIONER (ACCUSED
NO.1) ON BAIL IN CRIME NO. 162/2019 OF ANKIOLA POLICE
STATION REGISTERED FOR THE OFFENCES PUNISHABLE U/s
341, 323, 395, 504, 506 OF IPC & ETC.
IN CRL. P. NO. 101407/2019
BETWEEN:
PAVAN S/O NAGESH NAIK,
AGE: 20 YEARS, OCC.: STUDENT,
R/O HONUMATTA, TQ: ANKOLA,
DIST: UTTARA KANNADA, KARWAR.
- PETITIONER
(BY SRI. K.L. PATIL, ADVOCATE)
AND:
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STATE OF KARNATAKA
BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, AT DHARWAD,
THROUGH ANKOLA POLICE STATION.
- RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, GOVT. PLEADER)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. SEEKING TO ENLARGE THE PETITIONER (ACCUSED
NO.3) ON BAIL IN CRIME NO. 162/2019 OF ANKIOLA POLICE
STATION REGISTERED FOR THE OFFENCES PUNISHABLE U/s
341, 323, 395, 504, 506 OF IPC & ETC.
IN CRL. P. NO. 101412/2019
BETWEEN:
1. ABHISHEK S/O JAGADISH NAIK,
AGE: 22 YEARS, OCC: PRIVATE WORK,
R/O. HATTIKERI, TALUK: ANKOLA,
DIST: UTTARA KANNADA.
2. AKSHAY S/O RAJU NAIK,
AGE: 21 YEARS, OCC.: NIL,
R/O BHAIKERI, TALUK: ANKOLA,
DIST: UTTARA KANNADA.
- PETITIONERS
(BY SRI. ABHISHEK L. KALLAD AND
AVINASH MALIPATIL, ADVOCATES)
AND:
THE STATE OF KARNATAKA THROUGH
ANKOLA POLICE STATION, REP. BY THE PSI,
UTTARA KANNADA KARWAR, THROUGH
STATE PUBLIC PROSECUTOR, HIGH COURT
OF KARNATAKA BENCH, DHARWAD.
- RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, GOVT. PLEADER)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C. SEEKING TO ENLARGE THE PETITIONERS
(ACCUSED NOS.6 AND 7) ON BAIL IN CRIME NO. 162/2019 OF
ANKIOLA POLICE STATION REGISTERED FOR THE OFFENCES
PUNISHABLE U/s 341, 323, 395, 504, 506 OF IPC & ETC.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
COMMON ORDER
The petition in Crl. P. No. 101416/2019 is filed by the petitioner, said to be arraigned as accused No.5; Crl. P. No. 101423/2019 is filed by the petitioner, said to be arraigned as accused No.1; and Crl. P. No. 101407/2019 is filed by the petitioner, said to be arraigned as accused No.3. These petitioners are filed u/S 439 of Cr.P.C. seeking for regular bail in Crime No. 162/2019 of Ankola Police Station. Crl. P. No. 101412/2019 is filed by the petitioners (accused Nos.6 and 7) seeking for anticipatory bail in Crime No. 162/2019 of Ankola Police Station.
2. Since all the petitions arose out of the same Crime No. 162/2019 registered by the respondent Police for the offences 5 punishable u/S 341, 323, 395, 504 and 506 of IPC, they are heard together and common order is passed.
3. Subsequent to registration of the crime against the accused persons, the Investigating Officer has taken up the case for investigation but the accused, namely, Abhishek, who is absconding since from the date of committing the alleged offences and is seeking for anticipatory bail in the event of their arrest in the same crime number.
4. The factual matrix of these petitions are as under:
It is stated in the complaint filed by the complainant before the respondent Police that the complainant who is said to be the informant who has given first information, along with his relatives on 23.06.2019 at around 3.15 p.m. was proceeding from Shivamogga to Karwar on his motorcycle. As their clothes were wetted in rain, they stopped near Peacock Bar to wringing the clothes, situated in the limit of Ankola Town by the side of National Highway. At that time, the petitioners who are said to be arraigned as accused 6 respectively in the petitions, abused the complainant and others and assaulted with means of hands and also extending life threat, due to that, the complainant and his relatives made attempt to escape from the clutches of the accused and when they were proceeding towards Karwar on their motorcycle, however, when they reached near Vithal Ghat at around 3.30 to 3.40 p.m. the accused-petitioners herein followed the complainant and his relatives in Bolero Pick Up Vehicle bearing Reg. No. KA-30-A-0146 and three motorcycles. The said vehicles have been used by them in order to chase the complainant and his relatives and they obstructed the motorcycle of the complainant, who is the informant to the Police as where the complaint filed and then proceeding with the case for investigation but the petitioners said to be arraigned as accused that they were obstructing the motorcycle and demanding money from them for the purpose of party but the complainant refused to pay the amount as they demanded. Therefore, the complainant and his relatives were said to be assaulted by the petitioners being 7 arraigned as accused as well as other accused. That the accused robbed cash in a sum of Rs.8,000/- from the relatives of the complainant and so also a wrist watch worth Rs.350/-. Subsequently, the accused took heel from there by extending life threat. In pursuance of the act of the accused the case in Crime No. 162/2019 came to be registered for the aforesaid offences and thereafter proceeded with the case for investigation.
5. Whereas the learned counsel for the petitioners in Crl. P. No. 101412/2019 contended that the names of the petitioners do not find place in the FIR but are included in the remand application made by the Investigating Officer before the concerned Court as where the case in Crime No. 162/2019 came to be registered against these accused persons.
6. The learned counsels for the petitioners respectively taken me through the averments made in the complaint and so also the FIR, said to be recorded by the Police would 8 indicate that refusal of the complainant to give the amount as demanded by the accused for the purpose of their party, that the accused persons said to have robbed cash of Rs.8,000/- and also the wrist watch worth Rs.350/-. But, there is an allegation made that these accused persons have chased the complainant and so also his relatives said to be traveling from Shivamogga to Karwar but when they stopped their motorcycle for the purpose of wringing their wet clothes, that these accused persons reached there and demanded the complainant as well as his relatives to give certain amount for the purpose of party wherein the complainant refused to give amount and then only the accused persons robbed cash of Rs.8,000/- as well as a wrist watch from the possession of the relatives of the complainant and so also extended life threat to them but the incident was taken on 23.06.2019 at around 3.30 in the broad day light. Therefore, the complainant is stated to be registered a case against the accused in order to give harassment to them. But the same day another crime was also came to be registered in Crime No. 163/2019 in a 9 different offence and also the allegation made against this accused that they were causing damage to the public properties. But this petition relating to Crime No. 163/2019 as wherein the accused were alleging when wrongfully confinement and also made to assault on their persons as well as robbed cash as well as wrist watch. But there is no overt act attributed against these accused persons to commit the alleged offences, but the accused persons namely Abhishek Naik and Akshay, being arraigned as accused Nos.6 and 7 when their name has not been find place neither in the complaint nor in the FIR but the remand application as submitted by the I.O. before the Court as where the case in Crime No. 162/2019 came to be registered and proceeded with the case for investigation and that itself indicates that these accused persons have been lugged in the crime for inclusion of Sec. 395 of IPC as well as other offences as it is the contention taken by the learned counsel for seeking anticipatory bail in the event of their arrest by the Police. 10
7. The counsels for the accused respectively in all these petitions in further contending that subsequent to registration of the case in Crime No. 162/2019 as taken up by the Investigating Officer for the purpose of investigation and also be securing material documents relating to the alleged offences but the accused are in judicial custody since from the date of their arrest and moreover the accused hail from the respectable family and also having respect in the eye of the society, inclusive of accused Nos.6 and 7, said to be alleging that they were absconding since from the date of alleged offence but the act of these accused are attributed in the similar footing even though there is no direct overt act attributed against all these accused. But, these accused are ready to abide by any terms and conditions to be imposed by this Court while granting bail. These are all the contentions as taken by the learned counsel for the petitioners respectively in all these petitions and seeking for regular as well as anticipatory bail in respect of the accused stated supra.
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8. Per contra learned Govt. Pleader for the respondent- State who has taken me through the averments made in the complaint as well as reflected in the FIR, said to be recorded by the Police based upon the complaint filed by the complainant as where the case in Crime No. 162/2019 came to be registered for the aforesaid offences but the incident was taken place in the broad day light on 26.03.2019 in between 3.30 and 3.40 p.m. as wherein these accused were proceeding in a Bolero Pick up vehicle along with three motor vehicles and robbed the complainant as well as his relatives as they were proceeding in the motorcycle and extended life threat to them whereby the complainant as well as his relatives did not provide money as demanded by them but the accused robbed Rs.8,000/- cash and also a wrist watch worth Rs.350/-. Subsequent to registration of the crime against the accused the case is still under investigation by the Investigating Officer and also it requires to be recording of statement as well as material documents to be secured. Therefore, the accused are supposed to be released on bail, certainly they 12 would come in the way of the prosecution case and destroy the evidence. These are all the contentions as taken by the learned Govt. Pleader for the State and seeking for dismissal of the petitions.
9. In these backdrops of the strenuous contentions as taken by the learned counsel for the petitioners respectively and so also counter made by the learned Govt. Pleader for the State but at a cursory glance of the complaint it reveals that complainant along with his relatives in order to proceed from Shivamogga to Karwar on their motorcycle but for the wetted clothes due to rain that they stopped at the midst of the way near Peacock bar at Ankola town by the side of National Highway on 23.06.2019 at around 3.15 p.m. But these petitioners being arraigned as accused as well as the other accused in Cr. No. 162/2019 abused them in filthy language and also assaulted with means of hand and so also extending life threat.
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10. The complainant as well as the relatives made attempt to escape from the clutches of the accused persons but the accused were chasing the complainant and his relatives in a Bolero Pick Up vehicle said to be using and also three motorcycles and they wadded the informant as well as his relatives and demanded certain amount together for the purpose of party but when the complainant has refused to pay the amount, that the accused persons robbed the cash of Rs.8,000/- and also a wrist watch worth Rs.350/- from the possession of the complainant and also all his relatives are assaulted but on the same day the case in Crime No. 163/2019 also came to be registered other offences such as damage to the public properties but the case in Crime No. 162/2019 came to be registered on the same day along with this alleged offences was taken by the accused in between 3.30 to 3.40 p.m.
11. Subsequent to registration case in Crime No. 162/2019, the same is still under investigation by the investigating 14 officer and also recording the statement of witnesses as well as to collect the material documents relating to robbing cash in a sum of Rs.8,000/- as well as wrist watch worth Rs.350/- from the possession of the relatives of the complainant. Therefore, it is stated that, at this stage it does not require any detailed discussion while considering bail petitions filed by the petitioners, as there are substances in the contention of the learned counsel for the accused seeking the relief of bail. But the learned Govt. Pleader for the State submitting that if the accused are supposed to be released on bail certainly they would come in the way of the prosecution and destroy the evidence. As this apprehension expressed by the learned Govt. Pleader could be curtailed by imposing suitable conditions to proceed with the prosecution. Therefore, for the aforesaid reasons as well as under the circumstances of the case, I am of the considered opinion that the petitioners- accused respectively in these petitions are deserving for bail. Accordingly, I proceed to pass the following order. 15
ORDER Bail petitions filed u/S 439 of Cr.P.C. in Crl. P. No. 101416/2019, 101407/2019 and 101423/2019 and so also the petition filed u/S 438 of Cr.P.C. in Crl. P. No. 101412/2019, are hereby allowed with subject to the following conditions.
1. The petitioners in Crl. P. No. 101412/2019, namely, Abhishek Naik and Akshay shall appear before the Investigating Officer of Ankola Police Station in Crime No. 162/2019, within a period of 20 days from the date of receipt of a copy of this order whereupon they shall execute their personal bonds in a sum of Rs.1,00,000/- each with a likesum surety to the satisfaction of the Investigating Officer in the event of their arrest;
2. The petitioners-accused in Crl. P. No. 101407/2019, 101416/2019 and 101423/2019 shall execute bond in a sum of Rs.1,00,000/- each with a likesum surety to the satisfaction of the Court as where the case in Crime No. 162/2019 is pending;
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3. The petitioners-accused respectively in all the petitions shall co-operate with the Investigating Officer during the course of investigation;
4. The petitioners-accused respectively in all the petitions shall not tamper or hamper the case of the prosecution witnesses;
5. The petitioners-accused respectively in all the petitions shall mark their attendance once in a month in the first week on Sunday in between 10.00 a.m. and 5.00 p.m. for a period of three months before the concerned S.H.O. in Crime No. 162/2019;
6. The petitioners-accused respectively in all the petitions shall not indulgence in criminal activities henceforth.
If the petitioners violate any of these conditions, the bail order shall automatically stand ceased.
SD JUDGE bvv