Pradeep Alias Padda S/O Vittal ... vs The State Of Karnataka
2023 Latest Caselaw 519 Kant

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                                       CRL.RP No. 100403 of 2022


              IN THE HIGH COURT OF KARNATAKA
                      DHARWAD BENCH

         DATED THIS THE 09TH DAY OF JANUARY, 2023

                            BEFORE

       THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR

     CRIMINAL REVISION PETITION NO. 100403 OF 2022

BETWEEN:

PRADEEP @ PADDA S/O VITTAL KALAL
AGE. 17 YEARS, OCC. WORKING IN MATAN SHOP
REP. BY HIS NATURAL GUARDIAN
I.E. MOTHER SMT.RENUKA W/O. VITAL KALAL
R/O.NO.443, ISHWARNAGAR, HUGAR PLOT
HUBBALLI-580001.

                                                    ...PETITIONER
(BY SRI K.M.SHIRALLI, ADVOCATE.)

AND:

1.     THE STATE OF KARNATAKA
       THROUGH RAILWAY POLICE
       STATION, HUBBALLI
       R/BY STATE PUBLIC PROSECUTOR
       HIGH COURT OF KARNATAKA
       BENCH DHARWAD.

2.     R.J. BETSUR S/O JIWAAJI
       AGE 65 YEARS,
       R/O LAKKAMANAHALLI,
       GANDHI NAGAR,
       DHARWAD-580004

                                                  ...RESPONDENTS
(BY SRI RAMESH CHIGARI, HCGP, FOR R.1.)


     THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 102 OF THE JUVENILE JUSTICE (CARE AND PROTECTION
CHILDREN) ACT, 2015, SEEKING TO RELEASE THE PETITIONER/
CCWL ON BAIL IN J.C.NO.17/2022, REGISTERED FOR THE OFFENCES
PUNISHABLE UNDER SECTION 394 OF IPC, ARISING OUT OF
HUBBALLI RAILWAY POLICE STATION CRIME NO.17/2022,
REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
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                                           CRL.RP No. 100403 of 2022


394, 302 AND 397 READ WITH SECTION 34 OF IPC, PENDING ON
THE FILE OF THE JUVENILE JUSTICE BOARD, DHARWAD, ETC.,.

    THIS PETITION HAVING BEEN HEARD AND RESERVED FOR
ORDERS ON 03.01.2022, COMING ON FOR PRONOUNCEMENT OF
ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:


                                ORDER

This revision petition is filed under section 102 of the

Juvenile Justice (Care and Protection of Children) Act,

2015, for enlarging the petitioner/CCWL on bail in

J.C.No.17/2022, registered for the offence punishable

under sections 394, 397 and 302 of the Indian Penal Code,

1860, arising out of Hubballi Railway Police Station Crime

No.17/2022, on the file of Juvenile Justice Board,

Dharwad.

2. The brief factual aspects leading to the case are

that, on 28.02.2022 at 06.00 p.m. the informant has

lodged a complaint in C.G.District Hospital, Davangere,

alleging that on 23.02.2022 at about 00.20 hours he

boarded Belagavi Bengaluru express Train at Hubballi in

order to go to Bengaluru. It is further alleged that he was

traveling in a general couch and 4-5 passengers were

sleeping in that coach.

CRL.RP No. 100403 of 2022

3. It is the further case of the prosecution that

after 15-20 minutes three young boys entered the

compartment, who were speaking in Hindi and Kannada

language and out of them one person i.e., accused No.1

shown knife to the complainant and demanded the

amount. When the informant has refused to give the

amount, the said boy stabbed on his abdomen by the knife

causing bleeding injuries. Then the informant under the

fear handed over Rs.1,300/- cash and Vivo Mobile Phone

worth of Rs.19,800/- to the said person. However the

other passengers have not come to his rescue. When the

train stopped at Yaluvigi Railway Station for crossing, the

said persons got down and went away. When the train

reached Davanagere station at 03.30 a.m., the

complainant intimated the Railway Police and they

admitted him to C.J.Hospital, for treatment, and he lodged

the complaint in due course. Subsequently he succumbed

because of the injuries in the hospital.

4. Initially FIR was registered for the offence

punishable under section 394 of IPC, but subsequently the

CRL.RP No. 100403 of 2022

offences under section 302 and 397 of IPC were also

incorporated.

5. Subsequently the Investigating Officer on the

basis of mobile phone, has apprehended the present

petitioner and other two accused. Since the petitioner was

a juvenile offender, he was kept in a remand home and he

moved a bail petition before the Juvenile Justice Board,

Dharwad, which came to be rejected. He has approached

the learned Sessions Judge by filing an appeal, but the

appeal came to be dismissed. Hence he is before this

Court in this revision petition.

6. Heard the learned counsel for petitioner and the

learned HCGP for respondent State. Perused the records.

7. The learned counsel for revision petitioner

would contend that the petitioner is a juvenile offender

and if he is kept in custody, there is every possibility of he

coming in contact with hard core criminals. Further it is

also asserted that there is no specific overtact alleged

against the present petitioner except asserting his

presence and the overtact alleged is against accused No.1

CRL.RP No. 100403 of 2022

who is in custody and hence he would seek for admitting

the petitioner on bail, subject to any of the conditions to

be imposed by this Court.

8. Per contra, the learned HCGP would seriously

oppose the bail petition and invite attention of the Court to

the statement of CW.9 and contend that if the petitioner is

enlarged on bail, there is every possibility of petitioner

indulging in similar offences and sought for rejection of the

bail petition.

9. Having heard the arguments and on perusing

the records it is evident that the said offence is said to

have been committed on 23.02.2022, the complaint was

lodged on 28.02.2022 and subsequently the

injured/informant succumbed because of the injuries. The

offence is said to have been committed in general coach of

a running train bearing No.20654, Belagavi-Bengaluru

express, in between Kundagol and Yaluvigi Railway

Stations. The records further disclose that the

investigation is concluded and charge sheet has been laid

CRL.RP No. 100403 of 2022

down for the offence punishable under sections 394, 302

and 397 read with section 34 of IPC.

10. On a perusal of the charge sheet, it is evident

that the allegation against the present petitioner is only

with regard to his presence along with other two accused

persons and no other overtact is alleged against the

present petitioner. The main overtact alleged is against

accused No.1 who is said to have stabbed the deceased by

a knife on his abdomen. It is alleged by the prosecution

that the present petitioner along with other two culprits

said to have shared the robbed amount which is used for

meeting their habit of drinking.

11. Though learned HCGP invited attention of Court

towards the statement of CW.9, it does not establish

anything at this juncture and does not assist either of the

parties except the fact that on that night the petitioner

and others have stayed in the room of CW.9.

12. The records disclose that the petitioner was

born on 24.06.2004 and hence as on the date of

commission of offence he was juvenile offender. But

CRL.RP No. 100403 of 2022

however as on today he has attained the age of majority.

The Juvenile Justice Board has rejected the bail petition on

the ground that the juvenile offender is likely to come in

contact with hard core criminals. But now if he is housed

in prison, again there is every possibility of he coming in

contact with hard core criminals and becoming an

antisocial element. The overtact alleged against the

present petitioner is only regarding his presence and

sharing the robbed amount and he is in custody since last

11 months.

13. Looking to these facts and circumstances, I do

not find any impediment for admitting the petitioner on

bail. The other apprehensions raised by the learned HCGP

can be meted out by imposing certain conditions. Hence

the petition needs to be allowed. Accordingly, I proceed to

pass the following:

ORDER

i) The petition is allowed.

CRL.RP No. 100403 of 2022

ii) The order dated 11.03.2022, passed by

the Juvenile Justice Board, Dharwad, in

J.C.No.17/2022, and the judgment dated

08.06.2022, passed by the II Addl.

District and Sessions Judge and Special

Judge, Dharwad, in Crl.A.No.49/2022, are

set aside.

iii) The petitioner-CCWL is directed to be

enlarged on bail, on his executing a

personal bond in a sum of Rs.2,00,000/-

(two lakh rupees only) with one surety for

the like sum, subject to the following

conditions.

a) The petitioner shall not tamper

the prosecution witnesses.

b) The petitioner shall not indulge

in any criminal activities.

c) The petitioner shall not leave the

jurisdiction of the trial Court

CRL.RP No. 100403 of 2022

without prior permission of the

Court.

d) The petitioner shall be present

before the Court as and when

directed and attend the case on

all dates of hearing without fail

unless his presence exempted by

specific order.

Sd/-

JUDGE

MRK