Karnataka High Court
Sri.Japaniya Mastan Pulikoti vs The State Of Karnataka on 16 September, 2019
Equivalent citations: AIRONLINE 2019 KAR 3028
Author: K.Somashekar
Bench: K. Somashekar
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 16TH DAY OF SEPTEMBER 2019
BEFORE
THE HON'BLE MR. JUSTICE K. SOMASHEKAR
CRL. P. NO. 101670/2019
BETWEEN:
SRI. JAPANIYA MASTAN PULIKOTI,
AGE: 24 YEARS, OCC.: COOLIE WORK,
R/O KAPARALTIPPA VILLAGE, NTR COLONY,
NEAR CHURCH, POST: DHARMAVARAM,
TQ: KAVALI, DIST: NELLUR,
ANDHRA PRADESH.
- PETITIONER
(BY SRI HARSHAVARDHAN M. PATIL, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH BAILHONGAL POLICE,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD.
- 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 ON
REGULAR BAIL IN BAILHONGAL P.S. CRIME NO. 101/2019
REGISTERED FOR THE OFFENCE PUNISHABLE U/S 379 OF IPC
NOW PENDING BEFORE THE LEARNED ADDL. CIVIL JUDGE
(JR.DN.) & JMFC COURT, BAILHONGAL & ETC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
2
ORDER
This is a petition filed by the petitioner-accused u/S 439 of Cr.P.C. in Bailhongal Police Station Crime No. 101/2019 registered for the offence punishable u/S 379 of IPC. Since from the date of arrest, the accused is in judicial custody. Therefore, the learned counsel is praying for enlarging him on bail among the other grounds urged in the bail petition.
2. I have heard the learned counsel for the petitioner and the learned Govt. Pleader for the respondent-State.
3. It is stated in the complaint that on 06.05.2019 at around 12.30 p.m. the complainant had been to State Bank of India, Bailhongal wherein he had drawn a sum of Rs.2,00,000/- and kept it in the laptop bag. At around 2.05 p.m. he came near the car bearing No. KA-25-MC-6677 he found that rear wheel on the right side of the car was punctured. Hence, he kept the laptop bag containing cash of Rs.2,00,000/- in the car and started replacing the wheel with 3 the spare wheel, at that time he heard the sound of opening the left side back door of the car and when he saw, a person took the laptop bag and tried to sit in a Pulsar motorcycle bearing No. KA-17. The complainant when tried to catch him, he pushed the complainant and along with one more person he ran away from the spot in the motorcycle towards Belagavi road. The complainant stated that the person who took his laptop bag was wearing orange colour shirt and blue colour with white dotted pant. Based upon the complaint filed by the complainant, a case in Crime No. 101/2019 came to be registered for the offence punishable u/S 379 of IPC. It is alleged that during the course of investigation, the amount of Rs.2,00,000/- has been recovered from the possession of the accused-petitioner. Subsequently, after concluding the investigation, the investigating officer has laid the charge sheet.
4. Learned counsel for the petitioner submits that the accused is in judicial custody since from the date of his 4 arrest. The allegation made in the complaint is that the accused has committed theft of a laptop bag containing cash in a sum of Rs.2,00,000/- which belonged to the complainant. The said amount is alleged to have been recovered. Further, the investigation is already completed and charge sheet is also laid and therefore the investigating agency do not require the petitioner any further. Lastly, he submits that the accused is ready to abide by any terms and conditions imposed by this Court while granting bail to him. These are all the contentions as taken by the learned counsel and seeking for enlarging him on regular bail.
5. Per contra, learned Govt. Pleader opposing the bail petition strenuously contended that the petitioner-accused along with another person has committed theft of a laptop bag containing cash in a sum of Rs.2 lakhs and ran away in a motorcycle. The petitioner herein was a pillion rider. The investigating officer has investigated the case thoroughly and during investigation seized the laptop bag containing cash in 5 a sum of Rs.2,00,000/-. The same is revealed in the materials which are collected by the investigating officer and laid the charge sheet against the accused. If the accused are supposed to be released on bail, certainly he 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 and sought for dismissal of the bail petition.
6. It is in this contention as taken by the learned counsel for the petitioner so also the learned Govt. Pleader is concerned, it is relevant to state that on 06.05.2019 at around 12.30 p.m. the complainant had been to State Bank of India, Bailhongal wherein he had drawn a sum of Rs.2,00,000/- and kept it in the laptop bag. At around 2.05 p.m. he came near the car bearing No. KA-25-MC-6677 he found that rear wheel on the right side of the car was punctured. Hence, he kept the laptop bag containing cash of Rs.2,00,000/- in the car and started replacing the wheel with the spare wheel, at that time he heard the sound of opening 6 the left side back door of the car and when he saw, a person took the laptop bag and tried to sit in a Pulsar motorcycle bearing No. KA-17. The complainant when tried to catch him, he pushed the complainant and along with one more person he ran away from the spot in the motorcycle towards Belagavi road. The complainant stated that the person who took his laptop bag was wearing orange colour shirt and blue colour with white dotted pant.
7. The charge sheet is laid against the accused by the investigating officer by securing material documents and so also recording the statement of witnesses as well as conducting mahazar, it is relevant to state that this accused being the resident of the State of Andhra Pradesh and also being arraigned as accused No.1, however, the offences which are lugged against the accused are triable in nature before the Court of JMFC as where the charge sheet is laid.
8. In view of the aforesaid peculiar circumstances of the case, I am of the opinion that the petitioner shall be enlarged 7 on regular bail. The apprehension of the learned Govt. Pleader could be met by imposing suitable conditions to safeguard the interest of the prosecution. Hence, I pass the following order.
ORDER Bail petition filed by the petitioner u/S 439 of Cr.P.C. is hereby allowed subject to the following conditions.
1) The petitioner-accused shall execute bond in a sum of Rs.5 lakhs with a likesum surety to the satisfaction of the Court of the Addl. Civil Judge & JMFC, Bailhongal in C.C. No. 627/2019 arose in Bailhongal P.S. Crime No. 101/2019;
2) The petitioner-accused shall not tamper or hamper the case of the prosecution;
3) The petitioner-accused shall mark his attendance once in a month on the first Sunday between 10 am and 5 pm as per the English monthly calendar before 8 the concerned S.H.O. pending disposal of the entire case;
4) The petitioner shall not indulge in any criminal activities henceforth.
If the petitioner violates any of the aforesaid conditions, the bail order shall automatically stands ceased.
SD/-
JUDGE bvv