Karnataka High Court
Raghu @ Thimma vs State Of Karnataka By Sho on 1 August, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:30528
CRL.P No. 5561 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 5561 OF 2024
BETWEEN:
RAGHU @ THIMMA,
S/O LATE KEMPARANGAIAHA,
AGED ABOUT 36 YEARS,
R/O 268, 7TH CROSS,
RUKUMININAGAR,
NAGASANDRA POST,
BENGALURU - 560 073.
...PETITIONER
(BY SRI. K.V. SATEESH CHANDRA, ADVOCATE)
AND:
STATE OF KARNATAKA BY SHO,
UPPARPET POLICE STATION,
Digitally signed BENGALURU - 560 001,
by YAMUNA K L
Location: High REPRESENTED BY
Court of STATE PUBLIC PROSECUTOR,
Karnataka
KARNATAKA HIGH COURT BUILDING,
BANGALORE - 560 001.
...RESPONDENT
(BY SRI. K. NAGESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN THE CR.NO.142/2012
REGISTERED IN UPPARPET POLICE STATION, BANGALORE CITY
DISTRICT, FOR THE OFFENCE P/U/S 3, 25, 26 AND 27(2) OF
THE ARMS ACT AND SEC. 120B OF IPC, PENDING ON THE FILE
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CRL.P No. 5561 of 2024
OF LX ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-61) AT
BENGALURU CITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused No.1 is before this Court under Section 439
of Cr.P.C with a prayer to enlarge him on bail in
Sc.No.1052/2023 pending before the Court of LX
Additional City Civil and Sessions Judge, Bangalore, arising
out of Crime No.142/2012 registered by Upparpet Police
Station, Bangalore City for the offences punishable under
Section 120-B of IPC r/w Sections 3, 25, 26 and 27(2) of
Arms Act.
2. Heard the learned counsel for the parties.
3. Learned Counsel for the petitioner submits that
the petitioner was earlier granted bail in this matter and
thereafter, since he had not appeared before the Trial
Court, a split-up case was directed to be registered against
him. Accused Nos.6 and 7, against whom similar charges
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are found, were tried in S.C.No.1474/2012 and the said
accused have been acquitted by the Trial court for the
charge sheeted offences by judgment and order dated
30.10.2023. Petitioner has surrendered himself in the spit
up case on 13.04.2023 and was remanded to judicial
custody. There is absolutely no progress in the split-up
case till date and even the charge is not framed against
the petitioner. Accordingly, he prays to allow this petition.
4. Per contra, learned HCGP has opposed this
petition. He submits that the petitioner was absconding for
nearly 10 years and if he is enlarged on bail, he is likely to
again flee away from justice and the trial, in the split-up
case would be further delayed. Accordingly, he prays to
dismiss this petition.
5. The material on record would go to show that
the petitioner was in custody in the present case for the
period from 09.06.2012 to 17.04.2013. Subsequently, he
was enlarged on bail by this Court in Crl.P.No.1937/2013.
Thereafter, since the petitioner did not appear before the
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Trial Court, the case against him was split-up and accused
Nos.6 and 7 as against whom similar charges are found in
the chargesheet, were tried for the charge sheeted
offences and by the judgment and order dated 30.10.2023
passed in S.C.NO.1474/2012, were acquitted by the Trial
Court and the said judgment and order of acquittal has
attained finality.
6. Petitioner has surrendered in the split-up case
in S.C.No.1052/2023 on 13.04.2023 and ever since then
he is in custody. Order sheet in S.C.No.1052/2023 would
go to show that till date, the Trial Court has not even
framed charges against the petitioner in the split-up case.
The apprehension of learned HCGP can be taken care of by
imposing appropriate conditions. Accordingly, the
following:
ORDER
The petition is allowed.
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The petitioner is directed to be enlarged on bail in
Sc.No.1052/2023 pending before the Court of LX
Additional City Civil and Sessions Judge, Bangalore, arising
out of Crime No.142/2012 registered by Upparpet Police
Station, Bangalore City for the offences punishable under
Section 120-B of IPC r/w Sections 3, 25, 26, 27(2) of
Arms Act, subject to the following conditions:
a) The petitioner shall execute personal
bond for a sum of Rs.1,00,000/- (Rupees One
Lakh only) with two sureties for the likesum, to
the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly
on all the dates of hearing before the Trial
Court unless the Trial Court exempts his
appearance for valid reasons;
c) The petitioner shall not directly or
indirectly threaten or tamper with the
prosecution witnesses;
d) The petitioner shall not involve in
similar offences in future;
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e) The petitioner shall not leave the
jurisdiction of the Trial Court without
permission of the said Court until the case
registered against him is disposed off.
f) In the event of petitioner violating
any of the aforesaid bail conditions, the State is
at liberty to seek cancellation of bail.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
KVR
CT: BHK
