Karnataka High Court
Basavaraj And Anr vs The State Of Karnataka on 16 March, 2020
Author: K Natarajan
Bench: K. Natarajan
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 16TH DAY OF MARCH 2020
BEFORE
THE HON'BLE MR. JUSTICE K. NATARAJAN
CRIMINAL PETITION No.200233/2020
BETWEEN:
01. BASAVARAJ S/O MANIKRAO SINDE
AGE: 25 YEARS OCC: AUTO DRIVER
R/O: MADARKAL TQ: SHAHAPUR AT PRESENT
SHIVAJINAGAR NEAR AMBHA BHAVANI TEMPLE
YADGIRI TQ AND DIST: YADGIRI - 586 223.
02. SANTOSH S/O MAREPPA TALAWAR
AGE: 34 YEARS OCC: AUTO DRIVER
R/O: CHATNALLI TALUKA SHAHAPUR
NOW AT BABALAD TQ: WADGERA
DIST: YADGIR - 586 223.
... PETITIONERS
(BY SRI GANESH NAIK, ADVOCATE)
AND:
2
THE STATE OF KARNATAKA THROUGH
WADAGERA POLICE STATION
TQ: WADAGERA DIST: YADGIRI
REPRESENTED BY ADDL. SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH - 585 107.
... RESPONDENT
(BY SRI MALLIKARJUN SAHUKAR, ADVOCATE)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 OF CRIMINAL PROCEDURE CODE
PRAYING TO ALLOW THE PETITION THEREBY
ENLARGE THE PETITIONERS ON BAIL IN CRIME
NO.13/2020 (PENDING ON THE FILE OF THE CIVIL
JUDGE AND JMFC (JR. DN) COURT AT SHAHAPUR)
REGISTERED BY THE WADAGERA POLICE STATION,
DIST: YADGIRI FOR THE OFFENCE PUNISHABLE
UNDER SECTION 392 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
3
ORDER
The learned High Court Government Pleader takes notice for the respondent - State.
02. This petition is filed by petitioners-accused Nos.1 and 2 under Section 439 of Cr.P.C. for grant of bail in Crime No.13/2020 registered by the Wadagere Police Station for the offence punishable under Section 392 of IPC.
03. Case of the prosecution is that one Manjappa R/o: Bagalkot District driver of the Lorry has filed the complaint alleging that on 11.02.2020 at 11.30 p.m. after unloading ash, obtained money of Rs.41,400/- from the Factory. Thereafter loading the cement while proceedings on Khanapur - Yadgir main road these two accused persons came in a Car bearing Reg.No.KA-52-M-4981 intercepted the Lorry and assault the driver of the Lorry and snatched Rs.47,200/- from 4 the complainant and ran-away. After lodging the complaint the police have arrested these petitioners and seized Rs.45,000/- which was robbed from the complainant. After completion of investigation the police have filed the charge sheet. The petitioners are approached the Sessions Court for bail, which came to be rejected. Hence, the petitioners are before this Court.
04. Learned counsel for the petitioners contended that petitioners are innocent and they are falsely implicated in this case. The offences are non- bailable but not punishable with death or imprisonment for life. They are permanent residents of Yadgir. They are ready and willing to abide by any conditions which may imposed by this Court. Accordingly, he prayed to allow the petition.
05. Per contra, the learned High Court Government Pleader objected the bail petition contending that the petitioners are committed heinous 5 offence of robbery, if they are released on bail they may commit similar offence and abscond from the case. Hence, he prayed to dismiss the petition.
06. Upon hearing the arguments and on perusal of the records it shows that admittedly the FIR was registered against unknown persons. The driver - complainant stated that two persons came in a Car and robbed cash of Rs.47,200/-. Very next day of complaint, the police have arrested the petitioners with the help of Car number and seized robbed cash of Rs.45,000/- from the accused-petitioners. Though learned counsel for the petitioners submits that test identification period already conducted by the Investigating Officer and no materials are placed on record while conducting test identification period. However, the police have already seized the alleged vehicle used for robbery. Though, prima-facie the alleged offences are triable by the Magistrate, but not death or imprisonment for life. 6 There is no bad antecedent and investigation is already completed and charge sheet also filed. Therefore, without expressing any opinion on the merits of the case at this stage, it is a fit case for granting bail to the petitioners. Accordingly, I hold that the petitioners have made out a case for grant of bail. Hence, I proceed to pass the following:
ORDER The bail petition filed under Section 439 of Cr.P.C. is allowed, subject to following conditions:
1. The Trial Court is ordered to release the petitioners on bail on execution of personal bonds for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one surety for the likesum to the satisfaction of the Trial Court.
2. Petitioners shall not indulge in similar offences strictly;7
3. Petitioners shall not tamper with the prosecution witnesses directly/indirectly;
4. Petitioners shall not leave the jurisdiction without prior permission of the Trial Court, and
5. Petitioners shall mark their attendance before the Investigating Officer once in a month on 2nd day of Calendar between 10.00 a.m. and 5.00 p.m. for a period of six months or till commencement of trial whichever is later.
The learned High Court Government Pleader is directed to file his memo of appearance for the respondent-State within two weeks.
Sd/-
JUDGE KJJ