Karnataka High Court
Raghu vs The State Of Karnataka on 8 August, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
-1-
NC: 2024:KHC:31854
CRL.P No. 7316 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 7316 OF 2024
BETWEEN:
RAGHU
S/O LAKSHMANA
AGED ABOUT 24 YEARS,
R/AT NEELAKANTESHWARA
TEMPLE ROAD, SANJEEVINI NAGAR,
HEGGANAHALLI CROSS,
BENGALURU - 562 110
...PETITIONER
(BY SRI. PRAMOD M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally BY RAJGOPALANAGAR PS.,
signed by
NANDINI MS REP. STATE BY PUBLIC PROSECUTOR
Location: HIGH COURT OF KARNATAKA,
High Court of
Karnataka BENGALURU.
2. SRI. V.J. MITHUN SHILPI,
POLICE INSPECTOR
RAJGOPALNAGAR POLICE STATION
BENGALURU - 560 058.
...RESPONDENTS
(BY SRI. CHANNAPPA ERAPPA, HCGP)
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NC: 2024:KHC:31854
CRL.P No. 7316 of 2024
THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN S.C.NO.60/2022
(CR.NO.1056/2016) PENDING ON THE FILE OF THE LXVI
ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU FOR THE
OFFENCE P/U/S 399,402 OF IPC RAJAGOPAL NAGAR P.S.
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.5 is before this Court under Section 439
of Cr.P.C., with a prayer to enlarge him on bail in
SC.No.60/2022 pending before the Court of LXVI
Additional City Civil and Sessions Judge, Bengaluru
arising out of Crime No.1056/2016 registered by
Rajagopal Nagar Police Station, Bangalore city for the
offences punishable under Sections 399 and 402 of IPC.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.1056/2016 was registered by
Rajagopal Nagar Police Station, Bangalore city initially for
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the aforesaid offences against five accused persons.
Petitioner is arrayed as accused No.5 in FIR. After the
investigation, police had filed a charge sheet in the said
case. After committal, the case was numbered before the
Jurisdictional Sessions Court in SC.No.410/2017. Since,
the petitioner had not appeared before the Trial Court, a
split-up case was registered against him in SC.No.60/2022
and in the said proceedings his presence was secured on
18.06.2024 and he was remanded to judicial custody. His
bail application was rejected by the Trial Court on
20.06.2024. Therefore, he is before this Court.
4. Learned Counsel for the petitioner submits that
on the merits of the case he was earlier granted regular
bail on 24.12.2016 and since, he had not appeared before
the Trial Court, subsequently, a spilt-up case was
registered against him and at present he is in custody in
the said case. He submits that accused Nos.1, 2 and 4 who
were tried in SC.No.401/2017 have been already acquitted
in the present case.
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5. Per contra, learned HCGP has opposed the
petition. He submits that if petitioner is enlarged on bail,
he is likely to once again jump bail.
6. Undisputedly, on the merits of the case, the
petitioner was granted bail in the present case in the year
2016 itself. Subsequently, since he was absent before the
Trial Court in SC.No.410/2017, a spilt-up case was
registered against him in SC.No.60/2022 and his presence
was secured in the said proceedings on 18.06.2024 and he
is in custody, ever since then. Accused Nos.1, 2 and 4 who
have been tried for the very same offences before the Trial
Court in SC.No.410/2017 have been acquitted by
judgment and order dated 18.11.2022. For the mistake
committed by the petitioner by not appearing before the
Court, he has been sufficiently punished. In addition to the
same, accused Nos.1, 2 and 4 have been already acquitted
on the very same allegations. Under the circumstances, I
am of the opinion that petitioner's prayer for grant of
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regular bail is required to be answered affirmatively.
Accordingly, the following:-
ORDER
The petition is allowed.
The petitioner is directed to be enlarged on bail in
SC.No.60/2022 pending before the Court of LXVI
Additional City Civil and Sessions Judge, Bengaluru
arising out of Crime No.1056/2016 registered by
Rajagopal Nagar Police Station, Bangalore city for the
offences punishable under Sections 399 and 402 of IPC,
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;
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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;
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.
SD/-
(S VISHWAJITH SHETTY)
JUDGE
KVR
