Karnataka High Court
Beerasidda S/O Yallappa Gundi Alias ... vs State Of Karnataka on 6 December, 2023
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NC: 2023:KHC-D:14240
CRL.P No. 102950 of 2023
C/W CRL.P No. 103042 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 6TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.RACHAIAH
CRIMINAL PETITION NO. 102950 OF 2023
C/W
CRIMINAL PETITION NO. 103042 OF 2023
IN CRL.P NO.102950/2023:
BETWEEN:
AKASH S/O MAHADEV TALAWAR
AGE: 23 YEARS, OCC: STUDENT,
R/O: TQ: GOKAK,
DIST: BELAGAVI, PIN-591307.
...PETITIONER
(BY SRI. RAKESH S. HATTIKATAGI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
Digitally
BY GOKAK RURAL POLICE,
VN
signed by V
N BADIGER REP. BY THE STATE PUBLIC PROSECUTOR,
BADIGER Date:
2023.12.13
16:22:53
HIGH COURT OF KARNATAKA,
+0530
DHARWAD BENCH-580011.
...RESPONDENT
(BY SRI. P.Y.DEVAREDDIYAVARA, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF
CR.P.C. SEEKING TO ALLOW THE PETITION AND ORDER TO
RELEASE THE PETITIONER (ACCUSED NO.8) ON BAIL IN
GOKAK RURAL P.S. CR.NO. 196/2023 FOR THE OFFENCES
P/U/SEC. 395, 399, 402, 120-B, 109, 504, 506 OF IPC AND
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NC: 2023:KHC-D:14240
CRL.P No. 102950 of 2023
C/W CRL.P No. 103042 of 2023
SECTION 25-A OF THE INDIAN ARMS ACT, PENDING ON THE
FILE OF ADDL. C.J. AND JMFC, GOKAK.
IN CRL.P NO.103042/2023:
BETWEEN:
BEERASIDDA
S/O YALLAPPA GUNDI @ WADDAR,
AGE: 20 YEARS, OCC: STUDENT,
BENACHINAMARADI,
TQ: GOKAK,
DIST: BELAGAVI.
...PETITIONER
(BY SRI. K. ANANDKUMAR, ADVOCATE)
AND:
STATE OF KARNATAKA
THROUGH GOKAK RURAL POLICE STATION,
BY SPP, HIGH COURT BUILDING,
DHARWAD.
...RESPONDENT
(BY SRI. P.Y.DEVARDDIYAVARA, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF
CR.P.C. SEEKING TO RELEASE THE PETITIONER ON BAIL IN
CRIME NO. 196/2023 REGISTER BY THE REGISTERED GOKAK
RURAL POLICE STATION PUNISHABLE U/SEC. 395, 399, 402,
120-B, 109, 504, 506 OF IPC AND SEC. 25A OF INDIAN ARMS
ACT.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC-D:14240
CRL.P No. 102950 of 2023
C/W CRL.P No. 103042 of 2023
ORDER
Heard the learned counsels for the petitioners and learned High Court Government Pleader for the respondent- State.
2. Both these cases are arising out of the same crime number which is registered by the respondent police in Crime No.196/2023 for the offences punishable under Sections 395, 399, 402, 120-B, 109, 504 and 506 of Indian Penal Code and Section 25 of Indian Arms Act taken up together for consideration.
3. Brief facts of the case:-
The complaint came to be registered by the complainant stating that he is the resident of Kanasgeri village and he was working at Sri Sherwani Jewelers, Gokak as a salesman. He was traveling in his TVS motorcycle on everyday. On 13.09.2023, as usual, the complainant came to his work and after completing the said work, he was going back to his village at about 8.30 pm. By that time, some unknown persons, intercepted his vehicle and showed the knife and committed robbery and taken away the golden chain and also golden finger ring. It is also stated in his complaint that the persons who robbed him were wearing monkey -4- NC: 2023:KHC-D:14240 CRL.P No. 102950 of 2023 C/W CRL.P No. 103042 of 2023 caps. Therefore, the complaint came to be registered by the complainant on 14.09.2023. The jurisdictional police have registered a case and conducted the investigation. The investigation is under progress.
4. It is the submission of the learned counsel for the respective accused Nos.6 and 8 that, the petitioners are innocents of the alleged offences and they have been falsely implicated in this case. As per the averments of the complaint, there were two persons in the motorcycle. However, the present petitioners are arrayed as accused Nos.6 and 8. Moreover, no identification parade has been conducted insofar as the present petitioners. The petitioners have been arrested on the strength of the voluntary statement of other accused. The jurisdictional police have registered a case against these petitioners in order to show the statistics to the higher officials. Nothing has been recovered at instance of these petitioners. They are the permanent residents of Gokak taluk and they are the only earning members of the family. They will abide the conditions imposed by this Court in the event of their release on bail. Making such submission, the learned counsels for the petitioners prays to allow the petition. -5-
NC: 2023:KHC-D:14240 CRL.P No. 102950 of 2023 C/W CRL.P No. 103042 of 2023
5. Per contra, Shri Praveena Y. Devareddiyavara, the learned High Court Government Pleader vehemently opposed the bail application by producing the case diary and submitted that the petitioners are the part of the gang which committed four similar offences within the jurisdiction of the same police station. If the petitioners are enlarged on bail, there may be chances of committing the similar offences and there will be chances of fleeing away from justice. Making such submission, the learned High Court Government Pleader prays to dismiss petition.
6. Having heard the learned counsel for the respective parties and perused the case diary made available by the learned High Court Government Pleader, and also the instructions in respect of the pending cases against these petitioners, it makes it clear that there are four cases registered against these petitioners and others. However, except this case, in all the three cases, they are on bail. In the present case, as per the complaint averments, only there are two accused persons went on the motorcycle and committed the robbery of the complainant.
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NC: 2023:KHC-D:14240 CRL.P No. 102950 of 2023 C/W CRL.P No. 103042 of 2023
7. On perusal of the case diary, it appears that the police have not conducted the identification parade so far. Moreover, nothing has been recovered at their instance. Therefore, it is appropriate to grant bail by imposing suitable conditions that would take care of the apprehension of the prosecution.
8. Hence, I proceed to pass the following:-
ORDER The petitions are allowed.
The petitioners are ordered to be enlarged on bail in Crime No.196/2023 of Gokak Rural Police Station on executing a personal bond in a sum of Rs.1,00,000/- (Rupees One lakh only) each with one surety for the likesum to the satisfaction of the Trial Court, subject to the following conditions:
a) The petitioners shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court.
b) The petitioners shall mark their attendance once in 15 days on every Saturday between -7- NC: 2023:KHC-D:14240 CRL.P No. 102950 of 2023 C/W CRL.P No. 103042 of 2023 10.00 am to 2.00 pm before the respondent police.
c) The petitioners shall appear before the Trial Court on all dates of hearing without fail. In case, if the petitioners violate any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail.
Sd/-
JUDGE VMB List No.: 1 Sl No.: 3