Karnataka High Court
Sri Nagaraja vs State Of Karnataka on 25 March, 2024
Author: Rajendra Badamikar
Bench: Rajendra Badamikar
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NC: 2024:KHC:12170
CRL.P No. 2102 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
CRIMINAL PETITION NO. 2102 OF 2024
BETWEEN:
SRI. NAGARAJA,
S/O BEERALINGEGOWDA,
AGED ABOUT 20 YEARS,
RESIDENT OF KUNDOORU VILLAGE,
SANTHEBACHAHALLI HOBLI,
K.R. PETE TALUK,
MANDY DISTRICT - 571 436.
...PETITIONER
(BY SRI. SRIDHAR A.G, ADVOCATE)
AND:
Digitally
signed by
SOWMYA D STATE OF KARNATAKA
Location: BY KIKKERI POLICE STATION,
High Court of MANDYA DISTRICT - 562 159,
Karnataka REPRESENTED BY STATE PUBLIC PROSECUTOR,
ATTACHED TO THIS HON'BLE
HIGH COURT OF KARNATAKA - 560 001.
...RESPONDENT
(BY SRI. K. NAGESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S 438 OF CR.PC PRAYING TO
ENLARGE THE PETITIONER / ACCUSED NO.1 ON BAIL IN
CR.NO.14/2024, ON THE FILE OF CIVIL JUDGE (SR.DN.) AND
JMFC COURT, K.R. PET, MANDYA DISTRICT, WHICH IS
REGISTERED BY KIKKERI POLICE STATION, FOR THE OFFENCE
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NC: 2024:KHC:12170
CRL.P No. 2102 of 2024
P/U/S 341, 323, 324, 327 R/W SEC. 149 OF IPC IN THE EVENT
OF HIS ARREST, ALONG WITH GRANTING OTHER NECESSARY
RELIEFS IN THE CIRCUMSTANCES OF THE PETITION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioner/accused No.1 has filed this petition under Section 438 of Cr.P.C seeking anticipatory bail in the event of his arrest in Crime No.14/2024 Kikkeri Police Station in Mandya district, registered for offences punishable under Sections 341, 323, 324, 327 read with Section 149 of I.P.C.
2. The allegations of the prosecution are that on 01.02.2024 at 9.00 p.m. when the first informant was proceeding towards Hosahalli Village with a sum of Rs.78,000/- received from one Ravikantha, at that time, near Government School of Kunduru Village, the petitioner/accused No.1 along with the other accused wrongfully restrained him and petitioner/accused No.1 -3- NC: 2024:KHC:12170 CRL.P No. 2102 of 2024 assaulted on his face, while other accused also assaulted him using re-piece patti and the present petitioner has also robbed the sum of Rs.78,000/- from his pocket. It is alleged that then one Sri. Lingaraju and Sri. Maniesh pacified the dispute and shifted him to the Punya hospital and in this regard he lodged a compliant.
3. The petitioner/accused No.1 along with other accused had approached the learned Session Judge seeking anticipatory bail and the learned Session Judge has granted anticipatory bail to the other, but rejected bail petition of the present petitioner. Hence, the petitioner is before this Court.
4. Heard the arguments advanced by the learned counsel for the petitioner and the learned HCGP. Perused the records.
5. The allegations of the prosecution disclose that on 01.02.2024 at 9.00 p.m. when the first informant was -4- NC: 2024:KHC:12170 CRL.P No. 2102 of 2024 proceeding towards Hosahalli Village in front of Government School in Kundur Village, the present petitioner and other accused wrongfully restrained him and assaulted him, and robbed a sum of Rs.78,000/- from him. The allegations against the present petitioner/accused No.1 is that, he assaulted the deceased on his face. The records also disclose that, the complainant did not suffer any grievous injuries, and he himself lodged a complaint in the hospital between 8.30 and 9.00 a.m. and same was registered at 10.00 a.m. and hence, the contention of the learned counsel for the petitioner/accused No.1 regarding the delay in lodging the compliant, does not have any relevance.
6. The other contention raised by the learned counsel for the petitioner/accused No.1 is that other accused have been granted anticipatory bail by the learned Session Judge. But, that is not a ground, as other accused assaulted the victim by using a re-piece patti, and no injuries were caused to the victim. The allegations -5- NC: 2024:KHC:12170 CRL.P No. 2102 of 2024 against the present petitioner is regarding robbing Rs.78,000/- from the pocket of the complainant after having assaulted him. Hence, it is the contention of the prosecution that the custodial interrogation of the petitioner/accused No.1 is essential, in order to recover the exhorted amount.
7. The offences alleged are not punishable either with sentence of death or life imprisonment and are triable by Magistrate. The main apprehension is regarding recovery and that can be done by imposing certain conditions including the custodial interrogation of the petitioner/accused No.1. Hence, considering these facts and circumstances, petition needs to be allowed and accordingly, I proceed to pass the following:
ORDER I. The petition is allowed.
II. The petitioners/accused No.1 is ordered to be enlarged on bail in the event of his arrest in Crime -6- NC: 2024:KHC:12170 CRL.P No. 2102 of 2024 No.14/2024 of Kikkeri, Police Station, Mandya, registered for the offences punishable under Sections 341, 323, 324, 327 read with Section 149 of I.P.C. on his executing personal bond in a sum of Rs.50,000/-(Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the concerned Court; subject to following conditions:-
i) Petitioner/accused No.1 shall surrender himself before the Investigating Officer within fifteen days from the date of receipt of a certified copy of this order and in the event of surrender, Investigating Officer/SHO shall release him on bail as directed.
ii) The petitioner shall not tamper with the prosecution witnesses directly or indirectly;
iii) The petitioner shall not indulge in any similar offences;-7-
NC: 2024:KHC:12170 CRL.P No. 2102 of 2024
iv) The petitioner shall appear before the Court, on all the dates of hearing, unless they were exempted by a specific order.
v) Investigating officer is at liberty to seek the custody of the petitioner for interrogation/recovery by filing an application before the concerned jurisdictional Magistrate and in the event of such application being filed, the learned Magistrate shall dispose of the same in accordance with law.
Sd/-
JUDGE PTM List No.: 1 Sl No.: 48 CT: BHK