Karnataka High Court
Kumar @ Shashikumar vs State Of Karnataka By on 8 September, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2023:KHC:32437
CRL.P No. 7089 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 7089 OF 2023
BETWEEN:
KUMAR @ SHASHIKUMAR
S/O. NAGARAJ,
AGED ABOUT 39 YEARS,
R/AT. NO.67, 2ND CROSS,
A.K. COLONY, MUNITAYAPPA
BUILDING, SINGAIAHNAPALYA,
BENGALURU NORTH,
BANGALORE- 560048.
...PETITIONER
(BY SMT NAGAMANI V, ADVOCATE)
AND:
STATE OF KARNATAKA BY
ANUGONDAHALLI PS
Digitally BANGALORE,
signed by REPRESENTED BY S.P.P
PRAMILA G V
Location:
HIGH COURT BUILDING
HIGH COURT BANGALORE - 01
OF ...RESPONDENT
KARNATAKA
(BY SMT.SOWMYA R, HCGP)
THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS
ARREST IN CR.NO.41/2023 REGISTERED BY
ANUGONDANAHALLI POLICE STATION, BENGALURU DISTRICT
FOR THE OFFENCE P/U/S 407, 420 R/W SEC 34 OF IPC,
PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND
J.M.F.C., HOSAKOTE, BENGALURU RURAL DISTRICT.
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NC: 2023:KHC:32437
CRL.P No. 7089 of 2023
THIS PETITION COMING ON FOR ORDERS, THIS DAY THE
COURT MADE THE FOLLOWING:
ORDER
Accused no.2 in crime No.41/2023, registered by Anugondanahalli Police Station, Bengaluru District, for the offences punishable under Sections 407, 420 read with Section 34 of Indian Penal Code (for short hereinafter referred to as 'IPC') is before this Court under Section 438 of Cr.P.C., seeking anticipatory bail.
2. Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. On the complaint of Ketan Chaniyar dated 08.04.2023, FIR in crime no.41/2023 was registered by Anugondanahalli Police Station, Bengaluru District, for the offences punishable under Sections 407, 420 read with Section 34 of IPC against 6 persons, out of which three accused persons were named. In the complaint, it is averred that the complainant is running a transport business and on verification of stock, he found discrepancy in the quantity. The complainant suspected that the accused persons had taken excess goods in -3- NC: 2023:KHC:32437 CRL.P No. 7089 of 2023 their vehicle than which they were supposed to transport. It is under these background, the complainant has lodged a complaint against the driver of the lorry which was engaged for the purpose of transporting goods.
4. Apprehending arrest in the said case, the petitioner had filed Criminal Miscellaneous No.1356/2023 which was dismissed by VIII Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru vide order dated 20.07.2023. It is under these circumstances, the petitioner is before this Court.
5. The learned counsel for the petitioner reiterated the grounds urged in the petition and submits that this Court has already granted anticipatory bail to accused No.1 in Crl.P.No.3659/2023 vide order dated 27.04.2023. He submits that the allegations against the petitioner and accused no.1 are identical and prays for grant of anticipatory bail.
6. Per contra, learned High Court Government Pleader who has seriously opposed the bail petition however, does not the dispute the submission of the learned counsel for the petitioner.
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NC: 2023:KHC:32437 CRL.P No. 7089 of 2023
7. Accused No.1 who is the driver of the vehicle bearing Registration No.KA53 AA 7616 had approached this Court in Crl.P.No.3659/2023 and this Court has allowed his bail application on 20.07.2023. The petitioner is said to be the driver of vehicle bearing Registration No.KA53 AA 4750. Allegations against the petitioner herein and accused No.1 are identical.
8. Under these circumstances, I am of the considered view that the prayer of the petitioner for grant of anticipatory bail is required to be answered in affirmative. Hence, the following:
ORDER Criminal petition is allowed.
The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.41/2023 registered by Anugondanahalli, Bengaluru district, Bengaluru for the offences punishable under Sections 407, 420 read with Section 34 of IPC, subject to the following conditions:-5-
NC: 2023:KHC:32437 CRL.P No. 7089 of 2023
1. The Petitioner shall appear before the Investigating Officer within 10 days from the date of receipt of the copy of this order.
2. Petitioner shall co-operate with the Investigating Officer to complete the investigation and he shall appear before the Investigating Officer, as and when called for;
3. Petitioner shall not indulge in tampering the prosecution witnesses either directly or indirectly.
Sd/-
JUDGE GVP