Karnataka High Court
Karthik @ Gunda vs State By Srirampuraa Police Station on 15 December, 2021
Author: K.Natarajan
Bench: K.Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION No.8224/2021
BETWEEN
KARTHIK @ GUNDA
S/O. KRISHNA,
AGED ABOUT 22 YEARS
R/AT NO. 33,
7TH CROSS,
7TH MAIN,
AMBEDKAR NAGAR,
SRIRAMPURA,
BENGALURU - 560 021. ...PETITIONER
(BY SRI. PRASANNA RAO R., ADVOCATE)
AND
STATE BY SRIRAMPURAA POLICE STATION
REP BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001. ...RESPONDENT
(BY SMT. RASHMI JADHAV, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CR.NO.5/2021 OF
SRIRAMPURA P.S., BENGALURU CITY FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 353, 332, 307 OF IPC AND
SECTIONS 4, 25, 1B(B) OF ARMS ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
2
ORDER
This petition is filed by the petitioner-accused No.1 under Section 439 of Cr.P.C. seeking regular bail in Crime No.5/2021 registered by Srirampura Police Station, Bengaluru for the offences punishable under Sections 307, 332, 353 of Indian Penal Code, 1860 and under Sections 4, 25-1B(b) of Arms Act.
2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.
3. The case of the prosecution is that one Nityanandachari H., who is the Police Sub Inspector attached to Nandini Layout police, filed a complaint with Srirampuram police on 07.01.2021 alleging that the present petitioner is said to have involved in crime No.4/2021 of Nandini layout police for the offence under Section 397 of IPC and while investigating the matter, the complainant received a credible information that the 3 petitioner is concealing around Srirampuram area. As the petitioner was also involved in Crime No.4/2021, the complainant along with his team on 06.01.2021 at 11.20 p.m. went to trace the petitioner. The petitioner was found while riding the scooter. After seeing the police, the petitioner stopped the scooter and tried to run away. The complainant and his team tried to surround the petitioner and apprehended the petitioner. The petitioner assaulted on the complainant with dragger and also caused injuries to the complainant's team. Subsequently, the complainant fired on the right leg of the petitioner and arrested the petitioner. Later on lodging the complaint, the petitioner was taken to hospital and he was remanded to judicial custody. The bail petition filed by the petitioner before the Sessions Judge for bail came to be rejected. Hence, he is before this Court.
4. Having heard the learned counsel for the parties and on perusal of the records, of course, the complainant sustained simple injuries apart from the injuries sustained 4 by other witnesses. However, the police tried to arrest the petitioner who was involved for the various offences registered in Crime No.4/2021 by Nandini Layout police. The submission of the learned High Court Government Pleader is that the petitioner is a rowdy sheeter and he is involved in 21 cases including the offences punishable under Sections 324, 399, 402, 323, 504, 506, 392, 397, 326, 353, 332, 379 read with Section 34 of IPC. The list of 21 cases is produced by the prosecution which reveals that the petitioner is a habitual offender and a rowdy sheeter involved in 21 cases from 2016 to 2021 in various police stations limits like Srirampuram Police Station, Rajaji Nagar Police Station, Subramanyanagar Police Station, Bangalore City Railway Police Station, Nandini Layout Police Station, RMC Yard Police Station, Malleswaram Police Station. If the petitioner is granted bail, there is every possibility of the petitioner escaping from the clutches of the law. Further, there is no ground made out by the learned counsel for the petitioner to 5 enlarge the petitioner on bail. Therefore, I am of the view that the petitioner is not entitled for bail.
The petition is accordingly dismissed.
Sd/-
JUDGE Cs