Karnataka High Court
Manjunath S/O Bojappa Korachar Alias ... vs The State Of Karnataka on 1 September, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 01 S T DAY OF SEPTEMBER 2022
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No.102254/2022
BETWEEN:
1. MANJUNATH S/O BOJAPPA K ORACHA R
@ KARACAR, A GE: 28 YEARS ,
OCC: AGRICULT URE,
R/O. SHIVA PUR VI LLAGE,
POST: KARADI AYYANAHALLI,
TQ: HARA PPANA HA LLI,
DIST: VIJAYANAGAR-383460.
2. MANJUNATH S/O J EJAPPA KORACHAR
@ KARACAR, A GE: 29 YEARS ,
OCC: AGRICULT URE,
R/O. YALLA PU VILLAGE AND POST .
HARAPPANAHALLI TALUK,
DIST: VIJAYANAGAR-383460.
...PETITIONERS
(BY SHRI SHIVA S HIRUR, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH MUNIRA BAD POLICE STATI ON,
NOW REP BY PUBLIC PROSECUTOR,
HIGH COURT OF K ARNATAKA
DHARWAD BEN CH, AT: DHARWAD- 580001
... RES PONDENT
(BY SHRI PRASHA NT V.MOGA LI, HCGP)
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THIS CRIMINAL PETITION IS FILED U/SEC.438 OF
CR.P.C, S EEKING TO DIRECT THE RESPOND ENT-POLICE TO
ENLARGE THE PET ITIONERS/ACCUSED NOS.5 AND 6 ON BAIL
IN THE EVENT OF THEIR ARREST I N CRIME NO.191/ 2021 OF
MUNIRABAD POLI CE STATION REGIS TERED FOR THE OFFENCES
U/SEC. 395, 397 OF IPC AND S ECTION 25( 1) (A) OF ARMS
ACT, PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR.D N) AND
JMFC COURT , KOPPAL, DIST: KOPPAL, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE F OLLOWING:
ORDER
This petition is filed by accused Nos.5 and 6
under Section 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking anticipatory bail in Crime No.191/2021 of Munirabad Police Station registered for the offence punishable under Sections 395, 397 of Indian Penal Code, 1860, (hereinafter referred to as the 'I.P.C.', for brevity) and under Section 25(1) (A) of Arms Act, 1959.
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2. The case of the prosecution is that, one S.B.Vivek S/o Shivaraj Bore has filed complaint stating that on 15 to 20 days prior to 02.08.2021 accused No.3-Kenchappa contacted him through his Samsung Keypad Mobile No.9964730857 and introduced him as Ramesh Molakalmur and informed him that while digging foundation of his house, the golden coins have been traced and giving them for a reasonable price and informed him to come to Karnalli village, Tq: Hoovinahadagi, Dist: Ballari. On 02.08.2021, accused No.3 secured the complainant and accused Nos.1 to 6 together shown two golden coins to the complainant, which were of genuine gold and gave them to the complainant. Further, they informed the complainant to come with more money so that they would give more golden coins to him. Accused Nos.3 again and again contacted the complainant to his mobile numbers of 8888884268, 9739567897, 9241647468 and informed him to come 4 with money for taking the gold coins. Accordingly, the complainant and his friend CW.6-Jaybheema on 05.08.2021 at about 7:00a.m came in their innova car near Budigumpa cross with cash of Rs.17,10,000/- and from that place they called Ramesh i.e, accused No.3. It is further stated that accused No.3 came there along with five persons on the motorcycle. Thereafter, accused Nos.3 and 2 boarded the innova car and remaining accused traveled on their motorcycle. At about 8:00 a.m, all the accused took the complainant and CW.6 near Koopanahalli village on Koopanahalli-Indaragi road and stopped the vehicles and got down. At that place, accused Nos.2 and 3 gave 620 fake golden coins and complainant on verification found them to be fake and refused to purchase and informed that, he would come afterwards. It is further stated that, at that time all the accused by joining accused Nos.3 and 4 caught hold the complainant and tried to snatch the bag 5 containing cash of complainant and he refused to give. At that time, accused No.2 who was holding chopper showed the same to the complainant and threatened him to give the bag otherwise he would kill him. At that time, accused No.1 assaulted the complainant on his face with hands and snatched Lenovo company black color bag containing cash of Rs.17,10,000/- and also snatched Redmi company mobile from his pant pocket and pushed CWs.1 and 6 on the ground and escaped from that place on three motorcycles brought by them towards Boodigumpa. It is further stated that on 05.08.2021 at about 11:00 a.m, CW.19-Veeresh K, the probationary PSI and CW.20-Basavaraj, the ASI of Alawandi Police Station where on patrolling duty to trace the culprits involved in theft and robbery cases and they were checking the suspected vehicles moving at Kampli cross within their Police Station limits. At that time, the accused who were moving on the motorcycle on 6 suspecting their movement CWs.19 and 20 stopped them and enquired their names who did not give proper information about their names and identity. At that time, CWs.19 and 20 on suspicion opened the bag possessed by accused No.2 and found currency note bundles worth Rs.17,02,500/- having face value of Rs.2,000/-, 500/-, 200/-, 100/- and two mobiles and monkey cap. At that time, accused Nos.1, 2, 3 and 5 by leaving the bag and motorcycle No.KA- 35/EJ-5130 along with accused Nos.4 and 6 ran away in the neighbouring land and escaped. Thereafter, CWs.19 and 20 prepared seizure mahazar in the presence of panchas and returned to the Police Station and registered a case in Alawand Police Station Crime No.75/2021 under Section 98 of K.P.Act and took up investigation and the same was broadcasted in the media. It is further stated that CW.1 on coming to know about the seizure of cash and other articles through media on 08.08.2021, went 7 to Munirabad Police Station and lodged his complaint in writing. The police registered a case in Crime No.191/2021 of Munirabad Police Station for the offences punishable under Sections 397 of IPC and Section 25(1) (A) of Arms Act. Subsequently during the investigation, the police have arrested accused Nos.1, 3 and 4 and recorded their voluntary statements and conducted spot mahazar. Thereafter, the investigating officer has filed charge sheet against accused Nos.1 to 6 for the offence punishable under Sections 395, 397 of IPC and Section 25(1)(A) of Arms Act. The petitioners who were arrayed as accused Nos.5 and 6 apprehending their arrest have filed Criminal Miscellaneous No.984/2021 seeking anticipatory bail and the same came to be rejected by learned Prl. District and Sessions Judge, Koppal vide order dated 02.03.2022. Therefore, the petitioners- accused Nos.5 and 6 are before this Court seeking anticipatory bail.
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3. Heard the arguments of the learned counsel appearing for the petitioners and the learned High Court Government Pleader for the respondent-State.
4. It would be the contention of learned counsel for the petitioners that, accused Nos.1, 3 and 4, who have been arrested have been granted bail by this Court. It is his further submission that the charge sheet has been filed and therefore, the petitioners are not required for any custodial interrogation. It is his further submission that the complainant is from a place situated at 300 kilometers from the spot. On perusal of the entire charge sheet material, the provision of Arms Act is not attracted. It is his further submission that petitioners are ready to abide by the terms and conditions to be imposed by this Court. With this, he prayed for allowing the petition.
5. Per contra, learned High Court Government Pleader contended that, the petitioners are involved 9 in commission of the offence punishable under Sections 395 and 397 of IPC and Section 25(1)(A) of Arms Act and one of the said offence under Section 395 of IPC is punishable with life imprisonment or rigorous imprisonment for 10 years. The petitioners are nomads if they are granted anticipatory bail, it is difficult to secure them for trial. It is his further submission that the petitioners are required for conducting test identification parade. It is his further submission that when accused persons ran away by leaving bag and bike, the police have seized cash of Rs.17,02,500/-, three mobile phones, one bag, one monkey cap and motorcycles. It is his further submission that the voluntary statements of accused Nos.1, 3 and 4 are recorded wherein, it clearly show the involvement of these petitioners in commission of the said crime. The charge sheet material shows prima-facie case against the petitioners for the offences alleged against them. Therefore, the 10 petitioners are not entitled for grant of discretionary relief of anticipatory bail. With this, he prayed to reject the petition.
6. Having regard to the submission made by the learned counsel for the petitioners and the learned High Court Government Pleader, this Court has gone through the charge sheet records.
7. The accusation leveled against these petitioners and other accused is that, they with an intention to rob the complainant, secured his presence along with cash stating that they will handover the golden coins found by them and when the complainant came, they snatched the bag containing cash of Rs.17,10,000/- and assaulted him and ran away. Accused Nos.1, 3 and 4 have been arrested and their voluntary statements are recorded. The voluntary statements of accused Nos.1, 3 and 4 clearly show the involvement of these petitioners i.e, 11 accused Nos.5 and 6 in the commission of the alleged offence. The offence alleged against the petitioners i.e, offence under Section 395 of IPC is punishable with life imprisonment or imprisonment for 10 years. The petitioners are required for conducting test identification parade. As the offence committed by the petitioners is heinous offence, therefore they are not entitled for grant of discretionary relief of anticipatory bail. The charge sheet material shows prima-facie case against the petitioners for the offences alleged against them.
8. Hence, the Criminal Petition is dismissed.
Sd/-
JUDGE AM