Karnataka High Court
Machandra @ Anil vs The State Of Karnataka on 20 June, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2024:KHC-K:4041
CRL.P No. 200257 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 20TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 200257 OF 2024 (439)
BETWEEN:
MACHANDRA @ ANIL
S/O SHRISHAIL CHAVAN
AGE: 25 YEAR
OCC: COOLIE
R/O. BELLUNDAGI
TQ: JATH
DIST: SANGLI-416 406
(MAHARASHTRA)
...PETITIONER
(BY SRI SHIVANAND V. PATTANASHETTI, ADVOCATE)
AND:
Digitally
signed by
SHILPA R THE STATE OF KARNATAKA
TENIHALLI
Location: THROUGH HORTI POLICE STATION
HIGH DIST: VIJAYAPURA-586 101
COURT OF
KARNATAKA REPTD BY ADDL. SPP
HIGH COURT OF KARNATAKA
KALABURAIG BENCH-585 107
...RESPONDENT
(BY SMT. ANITA M. REDDY, HCGP)
THIS CRL.P. IS FILED U/S.439 OF CR.P.C PRAYING TO
GRANT THE REGULAR BAIL TO THE PETITIONER/ACCUSED
NO.2 IN C.C NO.1253/2019 (HORTI PS CRIME NO.13/2018
DISTRICT VIJAYAPURA) FOR THE OFFENCES PUNISHABLE
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NC: 2024:KHC-K:4041
CRL.P No. 200257 of 2024
U/SECS. 457 AND 380, 511 OF IPC PENDING ON THE FILE OF
ADDL. CIVIL JUDGE AND JMFC INDI.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Accused No.2 in C.C.No.1253/2019 pending before the Court of the Additional Civil Judge and JMFC, Indi, arising out of Crime No.13/2018 registered by the Hortti Police Station, Vijayapur for the offences punishable under Sections 380, 457 and 511 of IPC is before this Court under Section 439 of Cr.P.C seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.13/2018 was registered by the Hortti Police Station, Vijayapur against unknown persons for the offences punishable under Sections 380, 454 and 457 of IPC on the basis of the first information dated 20.01.2018 received from Goudappa S/o Lakshman Nayak In the said case, the petitioner was produced under body warrant before the jurisdictional Court of Magistrate on 23.10.2019. Subsequently, on the ground that the -3- NC: 2024:KHC-K:4041 CRL.P No. 200257 of 2024 petitioner was granted bail in Crime No.129/2018 in which he was arrested, he was released from custody. His presence was secured by the Trial Court in C.C.No.1253/2019 after the non-bailable warrant issued against him was executed on 20.08.2023. On the very same date, he was remanded to judicial custody. Bail application filed by him before the Trial Court was rejected on 03.11.2023. Thereafter he had approached the jurisdictional Sessions Court in Crl.Misc.No.1922/2023 and the same was rejected on 08.12.2023. Therefore, he is before this Court.
4. Learned counsel for the petitioner submits that the petitioner is youngster and he is in custody from 28.10.2023. In all the other criminal cases registered for similar offences against the petitioner, he has been granted bail. He submits that only after he was arrested in Crime No.129/2018, he was implicated in all the other cases of the year 2018. He does not have any criminal -4- NC: 2024:KHC-K:4041 CRL.P No. 200257 of 2024 antecedents prior to 2018 nor he is involved in any case after 2018. Accordingly, he prays to allow the petition.
5. Per contra, learned High Court Government Pleader for respondent/State has opposed the petition. She submits that the petitioner is a habitual offender and if he is enlarged on bail he is likely to involve in similar offences. Accordingly, prays to dismiss the petition.
6. The material on record would go to show that the petitioner was arrested in Crime No.129/2018 registered by Babaleshwar Police, Vijayapur for the offences punishable under Sections 457 and 380 of IPC. Thereafter he was produced under body warrant in the present case before the learned Magistrate on 23.10.2018. Subsequently, in Crl.Misc.No.716/2018, the Court of Principal Sessions Judge, Vijayapur by order dated 05.08.2019, enlarged the petitioner on bail in Crime No.129/2018. Since the petitioner was granted bail in the case in which he was arrested, he was released from the custody. Thereafter, in the present case the Trial Court -5- NC: 2024:KHC-K:4041 CRL.P No. 200257 of 2024 had issued non-bailable warrant against the petitioner and his presence was secured on 28.10.2023 and on the said date he was remanded to judicial custody and eversince then he is in custody.
7. The material on record would go to show that all the other cases in which the petitioner is arraigned as an accused is of the year 2018. The petitioner is not involved in any other criminal case either prior to 2018 or after 2018. It is only after he was arrested in Crime No.129/2018, he was implicated in the other criminal cases of the year 2018 which are similar in nature.
8. Be that as it may, fact remains that the petitioner is in custody from 28.10.2023 and it is not in dispute that in all the other cases he is granted bail. Under the circumstances, I am of the opinion that the petitioner has made out a prima facie case for grant of regular bail. Accordingly, the following :
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NC: 2024:KHC-K:4041 CRL.P No. 200257 of 2024 ORDER The petition is allowed.
The petitioner is directed to be enlarged on bail, arising out of Crime No.13/2018 of Hortti Police Station, Vijayapur for offences punishable under Sections 380, 457 and 511 of IPC pending before the Court of the Additional Civil Judge and JMFC, Indi, in C.C.No.1253/2019 subject to the following conditions:
a) The petitioner shall execute personal bond for a sum of `1,00,000/- with two sureties for the likesum, 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;
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;-7-
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e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.
Sd/-
JUDGE SN List No.: 1 Sl No.: 11