Karnataka High Court

Ramesh And Ors vs The State on 9 May, 2023

Bench: Ramachandra D. Huddar

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                                               CRL.P No. 200397 of 2023




                       IN THE HIGH COURT OF KARNATAKA,
                               KALABURAGI BENCH

                      DATED THIS THE 9TH DAY OF MAY, 2023

                                     BEFORE
              THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
                     CRIMINAL PETITION NO. 200397 OF 2023
             BETWEEN:

             1.   RAMESH S/O SURYAKANTH CHIKKA AGASI,
                  AGED ABOUT 23 YEARS,
                  OCCUPATION DIVER,

             2.   SURYAKANTH S/O JAGANNATH JAMADAR
                  AGED 18 YEARS, 5 MONTH,
                  OCCUPATION COOLIE WORK,

             3.   SRISHAIL S/O GUNDAPPA JADAMADAR,
                  AGED ABOUT 18 YEARS 11 MONTHS
                  OCCUPATION LABOUR,

                  ALL R/O RATKAL VILLAGE,
Digitally         TQ KALAGI, DIST KALABURAGI
signed by
SACHIN                                                   ...PETITIONERS
Location:
High Court   (BY SRI SYED MASTAN AND SRI PEERAPPA SULTANPUR,
of           ADVOCATES)
Karnataka
             AND:

             1.   THE STATE
                  THROUGH FARAHATABAD POLICE STATION,
                  TQ AND DIST : KALABURAGI.
                  REPRESENTED BY ADDL SPP HIGH COURT OF
                  KARNATAKA AT KALABURAGI 585107.

                                                         ...RESPONDENT

             (BY SRI GURURAJ V.HASILKAR, HCGP)
                                    -2-
                                          CRL.P No. 200397 of 2023




       This CRL.P. FILED U/S. 439 OF CR.P.C BY PRAYING THAT
THIS HONOURABLE COURT MAY BE PLEASED TO allow the
petition and RELEASE THE PETITIONER ON BAIL IN CRIME
No.24/2023 OF FARAHATABAD POLICE STATION, DIST.
KALABURAGI, FOR THE OFFENCES PUNISHABLE U/SEC. 395 OF
IPC PENDING BEFORE THE II ADDL. CJ (JD) AND JMFC AT
KALABURAGI IN THE INTEREST OF JUSTICE.

     THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:

                                  ORDER

The petitioners/accused have filed the petition under

Section 439 of Code of Criminal Procedure to enlarge them on

regular bail in Crime No.24/2023 of Ferhatabad Police Station,

Kalaburagi registered for the offence punishable under

Section 395 of Indian Penal Code.

2. Brief facts of the prosecution case as per FIR are as

under;

One K.Gadilingappa S/o K.Eranna Telguru lodged a

complaint before the respondent-Police alleging that, on

12.03.2023 at about 5.00 p.m., in order to meet Yallamma of

Sonna Village, he proceeded on a motorcycle bearing

Reg.No.KA-32/EZ-0062. After meeting the said Yallamma, he

was returning towards Kalaburagi. When he was proceeding on

NH-50, at about 8.30 p.m. near the bridge of Siranoor village,

CRL.P No. 200397 of 2023

five persons came on two motorcycles, intercepted him. They

removed his helmet and with the said helmet, they assaulted

on his head for two times. So also amongst them, one person

snatched his bag containing `1,000/- and a mobile and another

snatched his motorcycle and thereafter all of them went away

towards Kalaburagi. Thereafter he went to the police station

and filed a complaint registered in Crime No.24/2023 for the

offence punishable under Section 395 of Indian Penal Code by

the Ferhatabad Police Station. In this crime, now the petitioners

are seeking bail.

3. The learned counsel for petitioners submits that the

petitioners are innocent and they have not committed any

crime. They have been falsely implicated in this case. Since,

14.03.2023, the petitioners are in judicial custody. The

punishment prescribed for the said offence is not punishable

either with death or imprisonment for life. They are ready to

abide by any conditions to be imposed by this Court. They are

the permanent resident of Ratkal Village, Kalagi Taluk,

Kalaburagi District and having immovable properties within the

jurisdiction of this Court. Hence, prayed to release them on

bail.

CRL.P No. 200397 of 2023

4. Learned High Court Government Pleader resisted

the bail petition by filing a statement of objection on behalf of

respondent/State contending inter alia reiterating the contents

of the complaint in his objections. In addition to that, it is

submitted that, there are prima facie material is placed on

record by the prosecution to connect the petitioners in the

commission of the crime. It is submitted that, during the course

of investigation i.e., 13.03.2023, it is alleged that five persons

came on two motorcycles and committed the offence of dacoity

on the person of the complainant. When interrogated, these

petitioners have not given proper reply. Investigation is still

pending. Test of identification parade of the accused/petitioners

is to be conducted. The petitioners are also involved in similar

crimes registered with the different police stations. It is

contended that, if the petitioners are granted bail, they may

tamper with the prosecution evidence and it will cause

hindrance to the investigation. On these grounds, he prayed to

reject the bail petition.

5. Heard the learned counsel for the petitioners and

the learned High Court Government Pleader for the

respondent/State.

CRL.P No. 200397 of 2023

6. Having heard the arguments and on meticulous

reading of the records placed by the prosecution, it reveals

that, the complainant submitted a complaint before the

respondent's police on 12.03.2023 at 11.00 p.m. alleging, that

on the aforesaid date he had been to Sonna Village in Jewargi

Taluk to meet one Yallamma who was known to him. He went

to the said place on his motorcycle bearing Reg.No.KA-32/EZ-

0062. After meeting said Yallamma, he was returning back

towards Kalaburagi and while proceeding on National Highway

50, at about 8.30 p.m., when he was near the bridge of

Siranoor Village, at that time two motorcycles followed him and

he was intercepted by the riders and pillion riders of the

motorcycles and asked him to remove the helmet, as such he

questioned them as to why he to remove the helmet, but they

removed his helmet and with the said helmet itself they

assaulted on his head for two times, so also amongst them, one

person snatched his bag and another snatched his motorcycle

and thereafter all of them went towards Kalaburagi.

7. It is submitted that, the bag which was snatched

from him contained cash of `1,000/- along with Samsung

company mobile having mobile No.538354419. The said

CRL.P No. 200397 of 2023

persons were speaking in Kannada language. They were aged

about 20 to 25 years. With these allegations, a complaint came

to be filed to take action against them.

8. During the course of the investigation, the

respondent's police have arrested the petitioners and now they

are in judicial custody.

9. It is submitted by the counsel for the petitioners

that the petitioners are innocent and have not committed any

offence; they have been falsely implicated in the present case.

He submits that the investigation is almost completed. He

further submits that the marriage of the petitioners sister by

name Kum.Mangala is scheduled to be held on 15.05.2023. In

support of his submission, he has produced the copy of the

marriage invitation card of Kum.Mangala. He further submits

that, if the petitioners are enlarged on bail, they undertake to

abide by any conditions imposed by this Court. The presence of

petitioners in judicial custody is not required.

10. As against this submission, the High Court

Government Pleader submits that investigation is yet to be

completed and the petitioners have to be identified by

CRL.P No. 200397 of 2023

conducting test of identification parade. He further submits that

during the course of investigation statement of the various

witnesses have been recorded. Even these petitioners during

the course of investigation have given their voluntary

statements admitting the commission of offence. Therefore,

they are not entitled for grant of regular bail.

11. The offence alleged to have been committed by the

accused/petitioners is under Section 395 of IPC. Evidently, it is

not punishable with death sentence. The punishment

prescribed for the said offence may be either imprisonment for

life or rigorous imprisonment up to ten years and also liable to

fine. No capital punishment is prescribed to the said offence.

12. The law is that bail is a rule, rejection is an

exception. Granting of bail does not amount acquittal and

rejection does not amount to conviction.

13. Law with regard to grant of bail is very much

settled in the judgment of the Hon'ble Apex Court in the case of

Dattaram Singh v. State of Uttar Pradesh reported in

(2018) 3 SCC 22.

CRL.P No. 200397 of 2023

"A fundamental postulate of criminal jurisprudence is the presumption of innocence,

meaning thereby that a person is believed to be innocent until found guilty. However, there are instances in our criminal law where a reverse onus has been placed on an accused with regard to some specific offences but that is another matter and does not detract from the fundamental postulate in respect of other offences. Yet another important facet of our criminal jurisprudence is that the grant of bail is the general rule and putting a person in jail or in a prison or in a correction home (whichever expression one may wish to use) is an exception. Unfortunately, some of these basic principles appear to have been lost sight of with the result that more and more persons are being incarcerated and for longer periods. This does not do any good to our criminal jurisprudence or to our society."

Yet in another judgment of the Hon'ble Supreme Court in

Arnesh Kumar v. State of Bihar reported in (2014) 8 SCC

273, which makes it mandatory that in any case where the

offence is punishable with imprisonment for a term which may

extend to 7 years, the accused may not be automatically

arrested and the Magistrate may not authorize the detention

casually and mechanically.

CRL.P No. 200397 of 2023

14. On perusal of the statement of objection filed by

the prosecution, they are the objections being filed by the

prosecution to every bail petition. It is submitted that most of

the investigation has been completed. Petitioners have

undertaken to abide by the conditions to be imposed by the

Court. Objections raised by the prosecution could be satisfied

by imposing strict conditions on them while granting bail.

Hence, if the petitioners are granted bail, by imposing

conditions it would meet the ends of justice. Therefore, it is

held that they are entitled for bail.

15. It is also urged that, the marriage of the sister of

the petitioner No.1 is scheduled on 15.05.2023. It is also

submitted that, tomorrow i.e., 10.05.2023 the petitioners have

to exercise their franchise in the Vidhana Sabha election. Such

rights of exercise cannot be denied. Therefore, the petitioners

are held entitled for regular bail with conditions. Resultantly, I

pass the following :

ORDER

The bail petition filed by the petitioners under

Section 439 of Cr.P.C is allowed.

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CRL.P No. 200397 of 2023

Petitioners are directed to be enlarged on bail in Crime

No.24/2023 of Ferhatabad Police Station, Kalaburagi pending

on the II Addl. Civil Judge and JMFC, Kalaburagi registered for

the offence punishable under Section 395 of IPC, subject to

following;

CONDITIONS

1. The petitioners each shall execute a personal bond for a sum of `1,00,000/- with two sureties for like sum to the satisfaction of the jurisdictional Court;

2. The petitioners shall not threaten or tamper the prosecution witnesses;

3. The petitioners shall mark their attendance before the respondent's police once in a week preferably on Sunday between 8.00 a.m. and 4.00 p.m. and sign a register to be maintained by the Station House officer to that effect;

4. The petitioners shall not involve in similar offence;

5. The petitioners shall appear before the Investigating Officer as and when called upon for the purpose of further investigation and co- operate for investigation;