Karnataka High Court
K M Jeevan vs The State Of Karnataka on 23 July, 2020
Author: K.Somashekar
Bench: K.Somashekar
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JULY, 2020
BEFORE
THE HON'BLE MR.JUSTICE K.SOMASHEKAR
CRIMINAL PETITION NO. 2941 OF 2020
BETWEEN
1. K M Jeevan
S/o late Mahesh Naik
Aged about 19 years
R/at Old Kallanayakanahalli Village
Jajur Post, Arasikere Taluk
Hassan District - 573103.
2. Sri Raghavendra @ Raghu
S/o Narasimhaiah
Aged about 20 years
R/at Kottanahalli Village
Kasaba Hobli
Nelamangala Taluk
Bangalorej Rural District-562123.
3. Preetham
S/o Nagaraju
Aged about 19 years
R/at Kasapura Village
Agali Mandal
Madakasira Taluk
Ananthapura District
A.P. State - 515301.
... Petitioners
(By Sri. Madhusudhan .M.N, Advocate)
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AND
The State of Karnataka
Rep.by Kyathasandra Police Station
Tumakuru - 572104
Represented by SPP
High Court of Karnataka
Bangalore - 560001.
... Respondent
(By Sri. Mahesh Shetty, HCGP)
This Criminal Petition is filed under Section 439 of
the Code of Criminal Procedure, praying to, enlarge the
petitioner on bail in Cr.No.31/2020 registered by
Kyathasandra Police Station, Tumakuru District for the
offence punishable under Section 392 of IPC.
This Criminal Petition coming on for Orders, through
video conferencing this day, the court made the following:
ORDER
This petition is filed by the petitioners/accused under Section 439 Cr.P.C. seeking bail in C.C.No.1587/2020 arising out of Crime No.31/2020 of Kyathasandra police station for the offence punishable under Section 397 of IPC. Since from the date of their arrest, the accused are said to be in judicial custody. Therefore, the petitioners' counsel is seeking for regular bail among the various grounds urged in the petition. :3:
2. Heard learned counsel for the petitioners and learned HCGP for respondent - State through video conferencing.
3. It is contended by the counsel for the accused during the course of his arguments that accused were arrested in another case in Crime No.21/2020 of the respondent police in different crime numbers and were enlarged on bail in all the cases except C.C.No.1587/2020 on the file of Prl.Civil Judge (Jr.Dn) & JMFC, Tumkuru.
4. Further, the contention of the petitioners' counsel is that the respondent police have falsely registered the case in C.C.No.1587/2020 taking advantage of the fact that the petitioners are accused in Crime No.21/2020. Subsequent to the registration of the said crime number the Investigating Officer has investigated the case and laid the charge sheet against the accused. They have altered the alleged offence by deleting the offence under Section 392 of IPC and by inserting Section 397 of IPC.
5. Based upon the written complaint dated 04.2.2020 filed by one Rudramani, who is the complainant, the crime came to be registered and charge :4: sheet has been laid against the accused in C.C.No.1587/2020. It is stated in the complaint that on 8.1.2020 the complainant along with his friend Nethravathi at about 6.15 p.m. were coming back from Basthi Hills on the day of Bharat Bandh. At that time, four strangers being arraigned as accused threatened the said Nethravathi with knife point and demanded for valuables and money from them. Further, the said persons robbed the mobile phones and also gold neck chain and ear stud from Nethravathi. The said unknown persons were aged between 20 to 25 years.
6. Whereas, learned counsel for the petitioners has taken me through the FIR said to be recorded by the police against the accused based upon the complaint filed by Rudramuni and the criminal law was set in motion against the unknown persons being arraigned as accused. After investigation, the IO has laid the charge sheet against the accused who are innocent of the alleged offences and moreover, the other crimes were also came to be registered against them. It is contended that a false charge sheet has been laid against the petitioners by :5: altering the alleged offence under Section 397 of IPC without there being proper investigation by the respondent police. There is absolutely no prima-facie materials in respect of the offences alleged against them. There is no incriminating materials relating to connect these accused to the aforesaid offences. There are no materials to indicate that these accused have committed the alleged offences as narrated in the charge sheet. But it clearly indicates that they have been lugged in the alleged crime. However, the accused persons are not habitual offenders but they have lugged in the alleged crime.
7. Lastly, it is contended that the accused are ready to abide any terms and conditions to be imposed by this Court while granting bail to them. If the accused persons are not released on bail, certainly they are put great hardship and also their family members will be ruined in the society. These are all the contentions as taken by the learned counsel for the petitioners and seeking for grant of regular bail.
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8. Per contra, learned HCGP for the respondent - State has taken me through the averments made in the complaint and so also reiterated the allegations made against the accused in the complaint filed by one Rudramani. Based upon his complaint the case in Crime No.31/2020 came to be registered by recording FIR for the offence punishable under Section 397 of IPC. The offence under Section 392 has been left out in the charge sheet laid by the IO. During the course of investigation, the IO has recorded the statements of several witnesses who are cited as CW.1 to 23. But as per the substances in the charge sheet that on 08.01.2020 at around 6.15 p.m. in the limits of Kyathsandra police station that CW.1 and 2 were climbing down from the Basathi hill and the petitioners being arraigned as accused followed them. Accused No.1 with a knife point robbed the articles such as mobile phone and also snatched gold neck chain and ear stud from Nethravathy and so also, threatened them asking for password of the mobile phones and got escaped in auto rickshaw bearing No.KA-06-AA-0972. Subsequent to registration of crime against the unknown persons :7: being arraigned as accused, the IO thoroughly investigated the case and laid the charge sheet invoking Section 397 instead of section 392 of IPC. It is contended that these accused are habitual offenders and other crimes have also been registered against them. Therefore, if the accused are released on bail, certainly there will be adverse impact on the society. Hence, he sought for dismissal of the bail petition.
9. Having regard to the contentions as taken by learned counsel for the petitioners and so also, counter made by learned HCGP for the State relating to case in Crime No.31/2020, the IO has investigated the case against the accused persons and laid charge sheet in C.C.No.1587/2020 for the offence punishable under Section 397 of IPC. Learned counsel for the petitioners has taken me through the case in Crime No.21/2020 which is registered by the Kyathsandra Police station in different crime number but the petitioners are being arraigned as accused and are enlarged on bail. But the FIR said to be recorded in the alleged crime indicates for the offence punishable under Section 392 of IPC. But :8: after investigation the IO has laid the charge sheet against the accused persons invoking Section 397 of IPC. Based upon the complaint filed by one Rudramuni that some unknown persons being arraigned as accused had threatened them with knife point and demanded to give valuables and money from them on 8.1.2020 at around 6.15 p.m. when CW.1 and 2 were coming from Basthi hills. They robbed the mobile phones and also gold neck chain and ear stud from Netravathi. It is the contention of the petitioners' counsel that the accused persons have been lugged into the case in Crime No.31/2020 relating to the case in C.C.No.1587/2020. But the FIR is said to have been recorded for the offence punishable under Section 392 of IPC but the same was altered by invoking Section 397 of IPC. The same is indicated in the charge sheet laid by the IO against the accused persons. However, the IO has already laid the charge sheet by drawing mahazar in the presence of panch witnesses and so also, got the particulars of the accused during the course of the investigation and so also, the materials have been secured while laying the charge sheet. The accused :9: persons are said to be in judicial custody since from the date of their arrest. As the charge sheet has been already laid after completion of investigation, the accused are not required to the investigating agency further. These are contentions taken by the learned counsel for the petitioners during the course of his arguments. Therefore, it is said that at this stage, it does not require any detail discussion for consideration of the bail petition filed by the accused persons. There are substances in the contention taken by the petitioners' counsel seeking relief of bail. However, learned HCGP for the respondent - State contends that if the accused are supposed to be released on bail, certainly they would come in the way of the prosecution case and destroy the evidence. This apprehension could be curtailed by imposing suitable conditions to safeguard the interest of the prosecution.
For the aforesaid reasons as well as under the facts and circumstances of the case, I am of the opinion that petitioners/accused are deserving for bail. Accordingly, I proceed to pass the following:
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ORDER The petition filed by the petitioners under Section 439 of Cr.P.C. is hereby allowed, subject to the following conditions:
i) Petitioners/Accused shall execute a bond in a sum of Rs.1,00,000/- each, with a likesum surety to the satisfaction of the trial Court in CC No.1587/2020 relating to Crime No.31/2020 of Kyathasandra Police Station;
ii) Petitioners/Accused shall not tamper or hamper with the case of prosecution witnesses;
iii) Petitioners/Accused shall appear before the Court of law on all the dates of hearing without fail;
iv) Petitioners/Accused shall not leave the jurisdiction of Tumkur District without prior permission from the competent Court of law.
v) Petitioners/Accused shall mark their attendance once in a month, first week on sunday as per the English monthly calendar before the concerned SHO in : 11 : C.C.No.1587/2020 arising out of Crime No.31/2020 in between 10.00 AM and 05.00 PM, pending disposal of the entire case.
vi) Petitioners/Accused shall not indulge in any criminal activities henceforth.
If Petitioners/Accused violate any of the above conditions, the bail order shall automatically stands ceased.
Sd/-
JUDGE DKB