Karnataka High Court
Shahid And Ors vs The State Of Karnataka on 5 September, 2024
Author: K Natarajan
Bench: K Natarajan
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NC: 2024:KHC-K:6669
CRL.P No. 201034 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE K NATARAJAN
CRIMINAL PETITION NO.201034 OF 2024
(439(Cr.PC)/483(BNSS))
BETWEEN:
1. SHAHID
S/O KAMALKHAN,
AGED 32 YEARS, OCC: COOLIE WORK,
R/O NAVALI TALUKA, FEROJPUR ZIRAKA,
DISTRICT: NOOHU (MEVATH),
STATE HARIYANA, AMBALA HARYANA.
2. ALIM @ RIHAN
S/O AKBAR KHAN,
AGED 26 YEARS, OCC: COOLIE WORK,
R/O BHANGO TALUKA TAWARU,
DISTRICT: NOOHU (MEVATH),
Digitally signed
by SHIVALEELA STATE HARIYANA.
DATTATRAYA
UDAGI
Location: High
3. ILIYASHA
Court Of S/O ABDULA RAHMAN,
Karnataka
AGED 45 YEARS, OCC: LABOUR,
R/AT MATHEPUR TALUKA HATEN,
DISTRICT: MALAVALA,
STATE HARIYANA.
...PETITIONERS
(BY SRI. GANESH NAIK, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH HALLIKHED-B POLICE STATION,
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NC: 2024:KHC-K:6669
CRL.P No. 201034 of 2024
DISTRICT: BIDAR,
ITS REPRESENTED BY
ADDL. SPP, HIGH COURT OF KARNATAKA
AT KALABURAGI BENCH, DIST. KALABURAGI-
585103.
...RESPONDENT
(BY SRI. JAMADAR SHAHABUDDIN, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 483
OF BNSS (NEW), PRAYING TO ALLOW THE PETITION THERE BY
ENLARGE THE PETITIONERS ON BAIL IN CRIME NO. 11/2024
REGISTERED BY THE HALLIKHED (B) POLICE STATION, DIST.
BIDAR FOR OFFENCES PUNISHABLE FOR THE OFFENCE UNDER
SECTIONS 380, 457, 427, 212 OF IPC PENDING ON THE FILE
OF THE PRL. CIVIL JUDGE AND J.M.F.C. COURT AT HUMNABAD
DIST. BIDAR IN C.C.NO. 2295/2024. IN THE INTEREST OF
JUSTICE.
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K NATARAJAN
ORAL ORDER
(PER: HON'BLE MR JUSTICE K NATARAJAN) This appeal is filed by petitioners/accused Nos.1 to 3 under Section 483 of BNSS, 2023 seeking regular bail in CC No.2295/2024 arising out of Crime No.11/2024 registered by Hallikhed(B) Police Station, Bidar District for the offences punishable under Sections 380, 457, 427 and 212 of IPC pending on the file of Prl. Civil Judge and JMFC, Humnabad. -3-
NC: 2024:KHC-K:6669 CRL.P No. 201034 of 2024
2. Heard the learned counsel for the petitioners and learned High Court Government Pleader for the State.
3. The case of the prosecution is that a complaint was lodged by one Bharatkumar, SBI bank manager of Halliked(B) branch on 05.02.2024. He alleged that he had loaded Rs.25,16,700/- in the ATM machine on 03.02.2024. On 05.02.2024 at about 7:30 a.m., he received a call from one Shivaraj, the peon, that the ATM machine door has been broken open by somebody. When he went to verify the same, out of Rs.25,16,700/-, Rs.59,000/- was withdrawn from the machine and remaining 24,57,700/- was stolen by somebody by breaking open the ATM machine. Accordingly, he filed the complaint to the police. The police registered the FIR in Crime No.11/2024 and investigated the matter. The petitioners were arrested on 11.12.2024. On enquiry they confessed to the crime and the police recovered 3 lakh rupees from the first petitioner, 3.5 lakh rupees from petitioner No.2 and 3 lakh rupees from petitioner No.3. After the investigation, the petitioners were remanded to judicial custody. The bail application filed by the petitioners before the Trial Court was rejected. Then they approached the Sessions Court in -4- NC: 2024:KHC-K:6669 CRL.P No. 201034 of 2024 Cril.Misc.No.5149/2024, which also came to be rejected vide order dated 23.07.2024. Accordingly, the petitioners are before this Court.
4. Learned counsel for the petitioners contended that the FIR was registered against unknown persons. The petitioners are in custody for almost 6 months. Investigation in the case is completed and the charge sheet is filed. The petitioners are falsely implicated in the said case. Though, they are implicated in some other cases, the Trial Court has granted bail to them in some cases. He further contended that the petitioners are ready to abide any conditions that hon'ble Court may impose. Hence, he prayed for granting bail.
5. Per contra, learned High Court Government Pleader has seriously objected the petition mainly on the ground that there are 11 other cases registered against them in various districts. Some of the accused persons are still absconding. The petitioners are said to be from the state of Haryana. If, they are enlarged on bail, they will abscond and delay the process. Therefore, he prayed for dismissing this petition. -5-
NC: 2024:KHC-K:6669 CRL.P No. 201034 of 2024
6. Having heard the parties and perused the records, perusal of the records would go to show that a complaint was lodged on 05.02.2024 for breaking open the ATM machine of SBI bank and stealing Rs.24,57,700/-. Subsequently, the petitioners were arrested on 11.02.2024. The police have recovered 3 lakh rupees from the first petitioner, 3.5 lakhs rupees from the second petitioner and 3 lakh rupees from the third petitioner. Other two accused are absconding. Yet there is more money to be recovered from them. The remand application produced by the police along with this petition reveals that the petitioners were involved in 11 cases of breaking open ATM machine and stealing cash. The details of all the crimes have been mentioned by the Investigating Officer. The details of the crimes are as under: (i) Rs.24,57,700/- from the SBI Bank ATM in Halliked(B) village
(ii) Rs.6,66,100/- from the Karnataka Bank ATM in Basavakalyan, Bidar District (iii) Rs.57,200/- from Hitachi ATM in Belgaum District (iv) Rs.26,88,000/- from the SBI bank ATM Balsuru, near Belgaum District (v) Rs.3,64,200/- from INDIA-1 ATM in Shivanagi, Bijapur District (vi) Rs.7,07,700/- from INDIA-1 ATM in Umarga Distrcit, Maharashtra (vi) -6- NC: 2024:KHC-K:6669 CRL.P No. 201034 of 2024 Rs.14,52,500/- from ATM of Axis Bank in Ankali, Chikkodi taluq
(vii) Rs.23,48,800/- from the ATM of SBI Bank, Chikkodi and
(vii) Rs.28,69,400/- from different ATM machines in Sadashivpet, Telangana (viii) Rs.7,61,500/- from the SBI Bank ATM machine in Chitguppa, Bidar district and some other ATM's were also robbed, making total of 11 cases against them and they have looted crores of rupees from breaking open the ATM machines of various Banks, which reveals that there is prima facie material on record to show the offences committed by them. Apart from that, they are from the Haryana State. Merely they are involved in various cases and they are from the other state, that itself cannot be a ground for rejecting the bail application.
7. However, it is noted from the records that the accused persons have looted crores of rupees from breaking open ATM machines and stealing cash of various banks from various places in Karnataka State and two of the accused persons are still absconding. Merely 9.5 lakh rupees is recovered from them and more money is yet to be recovered. At this stage, if the petitioners are enlarged on bail, there is every possibility that they would abscond and delay the -7- NC: 2024:KHC-K:6669 CRL.P No. 201034 of 2024 process. It is well settled by the Hon'ble Supreme Court in a catena of judgments that the bail is a rule and rejection is exceptional case. This case comes under the exception, since, the petitioners are involved in multiple crime in various places. If they cannot attend to other cases from jail physically, they can appear through Video Conferencing and attend the Trial Court, where the Trial Court can conduct the trial and dispose off the matter. At this stage, if the bail is granted to the petitioners, they would definitely abscond and delay the process. Such being the case, I am of the opinion that it is a fit case for granting bail at this stage. Accordingly, following order:
ORDER The petition is dismissed.
Sd/-
(K NATARAJAN) JUDGE NJ List No.: 1 Sl No.: 12