Karnataka High Court
Smt.Thimakka @ Thippakka vs The State Of Karnataka, on 22 August, 2016
Author: Aravind Kumar
Bench: Aravind Kumar
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 22ND DAY OF AUGUST, 2016
BEFORE
THE HON'BLE MR. JUSTICE ARAVIND KUMAR
CRIMINAL PETITION NO.100996/2016
BETWEEN:
SMT.THIMAKKA @ THIPPAKKA @ THIPPAMMA
W/O OBAIAH, AGE: 41 YEARS,
OCC: AGRICULTURIST,
R/O: MYASARAHATTI VILLAGE,
KUDLIGI TALUK,
BALLARI DISTRICT. ... PETITIONER
(BY SRI MANJUNATHA G.PATIL, ADV.)
AND:
THE STATE OF KARNATAKA,
THROUGH POLICE SUB INSPECTOR,
HOSAHALLI POLICE STATION,
KUDLIGI TALUK, BALLARI DISTIRCT.
REPRESENTED BY SPP,
HIGH COURT OF KARNATAKA
DHARWAD BENCH,
AT DHARWAD. ...RESPONDENT
(BY SRI PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC.438 OF
CR.P.C., PRAYING TO DIRECT THE RESPONDENT POLICE TO
RELEASE THE PETITIONER / ACCUSED NO.2 ON BAIL IN THE
EVENT OF HER ARREST IN CRIME NO.122/2016 OF HOSAHALLI
POLICE STATION, KUDLIGI TALUK IN BALLARI DISTRICT FOR
THE OFFENCE PUNISHABLE UNDER SECTIONS 78(3)
KARNATAKA POLICE ACT R/W SECTION 420 OF IPC, SO FOR AS
PETITIONER IS CONCERNED IN THE ABOVE CASE.
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THIS CRIMINAL PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner has been arraigned as accused No.2 in Cr.No.122/2016 of Hosahalli police station, for the offences punishable under Sections 78 (3) of the Karnataka Police Act read with Section 420 of IPC and is seeking for grant of anticipatory bail.
2. Heard the learned advocates appearing for the parties and perused the records.
3. Hosahalli police station have registered a complaint against accused No.1 and petitioner/accused No.2 for the offences noted hereinabove on the ground that on 02.06.2016 at 2.30 pm., the PSI received a credible information of matka gambling in a public place in front of Hanumanthappa's hotel near K.E.B. Circle in Chikkajogihalli and complainant went to the spot along with panchas and saw one person collecting money from public with an assurance of paying Rs.80/- for every Re.1 paid and issuing matka chits and on apprehending said person and on enquiry, they came to know his name was :3: Balraj and recovered from him Rs.1,520/-, matka chit, ball pen and cell phone and based on his statement that he was paying the said amount to the petitioner, Cr.No.122/2016 came to be registered against the present petitioner. Hence, apprehending her arrest, petitioner is before this Court seeking for grant of anticipatory bail.
4. Learned counsel for the petitioner would submit that petitioner is a lady and nowhere in the complaint her name has been implicated and based on the voluntary statement of accused No.1 recorded by the jurisdictional police while he was in police custody, she has been falsely implicated. Hence, he seeks for petitioner being enlarged on bail in the event of her arrest.
5. Per contra, learned Government Pleader appearing for the State would oppose the petition and contend that the material seized would clearly indicate that petitioner herein was conducting matka and hence he prays for rejection of the petition.
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6. Having heard the learned advocates appearing for the parties and on perusal of the records, it would indicate that petitioner was not found at the place where they arrested accused No.1/Balraj and based on the voluntary statement made by him while he was in police custody, present petitioner has been arraigned as accused No.1. As to the role actual played by the petitioner in the alleged matka which was allegedly being conducted, requires to be proved after full fledged trial. In that view of the matter, this Court is of the considered view that petitioner is entitled for grant of bail. Hence, I proceed to pass the following:
ORDER Criminal petition is hereby allowed and petitioner is granted anticipatory bail. In the event of her arrest in Cr.No.122/2016 of Hosahalli police station, she is ordered to be released on bail on her executing a personal bond for a sum of Rs.50,000/- and furnishing one solvent surety for the likesum to the satisfaction of the jurisdictional court and subject to the following conditions: :5:
i) Petitioner shall surrender before the jurisdictional Court within 15 days from today,
ii) Petitioner shall appear before the Investigation Officer whenever called upon and assist and co-operate in the investigation,
iii) Petitioner shall not leave the jurisdiction of the Court without express permission and shall appear before the jurisdictional court on all the dates of hearing unless there are exceptional circumstances,
iv) Petitioner shall appear before the Hosahalli police station once in the month i.e., 15th of every month between 10 a.m. and 5 p.m. and mark her attendance till filing of the charge-
sheet.
Sd/-
JUDGE Jm/-