Karnataka High Court
Lokesh vs State By Vishwanathapura P S on 24 March, 2023
Author: V Srishananda
Bench: V Srishananda
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CRL.P No. 1084 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL PETITION NO. 1084 OF 2023
BETWEEN:
LOKESH,
S/O LATE. CHAIRMAN KRISHNAPPA,
AGED ABOUT 47 YEARS,
R/AT BOMMAVARA VILLAGE,
DEVANAHALLI TALUK,
BANGALORE RURAL - 562 110.
(IN FIR NAME SHOWN AS LOKESHA
ALIAS LOKANATH)
...PETITIONER
(BY SRI. KARTHIK SHANKARAPPA, ADVOCATE)
AND:
Digitally
signed by R STATE BY VISHWANATHAPURA PS,
MANJUNATHA
Location: R/BY HCGP HIGH COURT BUILDING,
HIGH COURT
OF BANGALORE - 560 001.
KARNATAKA
...RESPONDENT
(BY SRI. S VISHWA MURTHY, HCGP)
THIS CRL.P IS FILED UNDER SECTION 438 CR.P.C
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE
EVENT OF HIS ARREST IN CR.NO.1/2023 OF
VISHWANATHAPURA P.S., BENGALURU CITY FOR THE OFFENCE
P/U/S.379 OF IPC PENDING ON THE FILE OF ADDITIONAL
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CRL.P No. 1084 of 2023
CIVIL JUDGE AND JMFC COURT, DEVANAHALLI BENGALURU
DISTRICT AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri. Karthik Shankarappa and learned HCGP.
2. Petition under Section 438 of Cr.P.C. with the following prayer:
"Wherefore, the petitioner humbly prays that this Hon'ble Court may enlarge him on bail in the event of his arrest in Crime No.1/2023 for offence punishable under Section 379 of IPC of Vishwanathapura Police on the file of Addl. Civil Judge and JMFC Court, Devanahalli, Bengaluru Rural District in the interest of justice."
3. Brief facts of the case are as under:
One Satish B N, S/o. Narasimhamurthy lodged a complaint with Vishwanathapura Police, Doddaballapur Taluk, Bengaluru Rural District on 06.1.2023 which was registered in Crime No.1/2023 for the offence under Section 379 of IPC.-3- CRL.P No. 1084 of 2023
4. Gist of the complaint averments reveal that the water pump of 3HP power manufactured by Texmo Company was stolen by the petitioner from the agricultural land. After registering the case, the police are investigating the matter.
5. The petitioner approached the learned District Judge, with a request for grant of anticipatory bail which was turned down by the learned V Additional District Judge, Bengaluru Rural, Sitting at Devanahalli by order dated 21.01.2023 in Criminal Miscellaneous No.15017/2023. Thereafter, the petitioner is before this Court.
6. Learned counsel for the petitioner reiterating the grounds urged in the bail petition, vehemently contended that the petitioner is not having any previous bad antecedents and a law abiding citizen. Out of grudge, a false complaint has been lodged against the petitioner and as such, sought for grant of bail.
7. Learned HCGP opposes the bail petition.
8. Perused the material on record.
9. On such perusal of material on record, it is seen that the offence alleged against the petitioner is Section -4- CRL.P No. 1084 of 2023 379 of IPC punishable with maximum punishment for a period of three years.
10. Whether at all, the petitioner has stolen the water pump or not is a matter that has to be investigated by the investigating agency and having regard to the gravity of the offence alleged and the fact that the petitioner is not available for the investigating agency on 06.01.2023, directing the petitioner to join the investigating agency and to undergo limited period of custodial interrogation would meet the ends of justice.
Accordingly, the following:
ORDER i. The petition is allowed.
ii. The petitioner is directed to appear before the investigating officer on 03.04.2023 at 10.00 a.m. iii. Investigating officer is at liberty to take him to custody and conclude the custodial interrogation on the same day before 5.00 p.m. and thereafter, enlarge the petitioner on bail by taking a bond in a sum of Rs.25,000/- (Rupees Twenty five thousand only) with one surety for the likesum to the satisfaction of the Trial Court.-5- CRL.P No. 1084 of 2023
iv. Petitioner shall not tamper the prosecution witnesses or hamper the investigation process in any manner and shall co-operate with the investigation process. v. Petitioner shall attend the Court regularly.
Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail.
Sd/-
JUDGE SSD