Karnataka High Court
Sri.K. Shivakumar@Shiva vs State Of Karnataka on 22 February, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2024:KHC:7537
CRL.P No. 13749 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 13749 OF 2023
BETWEEN:
1. SRI.K. SHIVAKUMAR@SHIVA
AGED ABOUT 32 YEARS
S/O KODANDARAMA
PRESENTY R/AT JANATHA COLONY
KURUBARAKUNTE
DEVANAHALLI TALUK
BENGALURU RURAL DISTRICT
AND PERMANANT R/AT
MELURU VILLGE
SIDDALAGATTA TALUK
CHIKKABALLAPURA DISTRICT.
...PETITIONER
(BY SRI. NAGESH S.,ADVOCATE)
AND:
STATE OF KARNATAKA
Digitally signed by REP BY NANDIGRIDHAMA POLICE
LAKSHMINARAYANA
MURTHY RAJASHRI REP BY STATE PUBLIC PROECUTOR
Location: HIGH HIGH COURT COMPLEX
COURT OF
KARNATAKA BENGALURU-01.
...RESPONDENT
(BY SRI. CHANNAPPA ERAPPA, HCGP)
THIS CRL.P IS FILED U/S 438 CR.PC PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS
ARREST IN C.C.NO.632/2023 (CR.NO.315/2013) OF
CHIKKABALLAPURA RURAL P.S., CHIKKABALLAPURA DISTRICT
FOR THE OFFENCE P/U/S 395 R/W 34 OF IPC ON THE FILE OF
THE 2ND ADDL.CIVIL JUDGE AND J.M.F.C, CHIKKABALLAPURA.
THE I ADDL.DISTRICT AND SESSIONS JUDGE,
-2-
NC: 2024:KHC:7537
CRL.P No. 13749 of 2023
CHIKKABALLAPURA HAS DISMISSED THE BAIL PETITION ON
08.11.2023 IN CRL.MISC.NO.725/2023.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 438 of Cr.P.C
seeking anticipatory bail in crime No.315/2013 of
Chikkaballapura Rural Police Station (pending in
C.C.No.632/2023 on the file of the II Additional Civil Judge
and JMFC, Chikkaballapura) for offence punishable under
Section 395 read with Section 34 of Indian Penal Code.
2. The case of the prosecution is that one Sri
Venkatareaddy has filed a complaint alleging that on
18.11.2013 at about 8.30 p.m. when he was in his house
at Bandahalli Village, Nandi Hobli, Chikkaballapura,
accused Nos.1 to 5 with common object trespassed into
his house to commit dacoity under the guise of treatment
of their friend and at that time accused No.2 assaulted him
on his right leg, left hand and head. Accused No.1
snatched the golden chain, cell phone and cash of
Rs.15,000/- from the drawer. Charge sheet has been filed
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against accused Nos.1 to 6 for offence punishable under
Section 395 read with Section 34 of IPC and case came to
be registered in C.C.No.1043/2014 on the file of the II
Additional Civil Judge and JMFC, Chikkaballapura. The
case has been split up against this petitioner -accused
No.3 and registered in C.C.No.632/2023 as he was not
secured. In the split up case NBW came to be issued
against the petitioner -accused No.3 and therefore,
apprehending his arrest he has filed petition under Section
438 of Cr.P.C in Crl.Misc.No.725/2023 and same came to
rejected by the I Additional District and Sessions Judge,
Chikkaballapura by the order dated 08.11.2023.
Therefore, petitioner -accused No.3 is before this Court.
3. Heard arguments of learned counsel for the
petitioner -accused No.3 and learned High Court
Government Pleader for the respondent-State.
4. It is contention of learned counsel for the
petitioner -accused No.3 that the petitioner -accused No.3
is not aware of criminal case registered against him. The
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petitioner -accused No.3 is innocent, he is not committed
any offence alleged against him. No overtacts are alleged
against this petitioner -accused No.3. As charge sheet is
filed this petitioner -accused No.3 is not required for
custodial interrogation. He further contends that this
Court has granted anticipatory bail to accused No.2
against whom serious overtacts of assault are alleged.
Therefore, this petitioner -accused No.3 is entitled for
grant of bail on the ground of parity. With this, he prayed
to allow the petition and grant bail to the petitioner -
accused No.3 .
5. Per contra, learned High Court Government
Pleader for the respondent-State would contend that the
petitioner -accused No.3 was absconding from the year
2013. The petitioner -accused No.3 was not secured
therefore, case against him came to be split up and NBW
has been issued against him. Charge sheet materials
shows prima facie case against the petitioner -accused
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No.3 for the offence alleged against him. With this, he
prays for dismissal of the petition.
6. Having heard learned counsels for parties, this
Court has gone through records.
7. This Court has granted anticipatory bail to
accused No.2 in Crl.P.No.543/2020 by the order dated
10.12.2020. The petitioner -accused No.2 to whom
anticipatory bail has been granted was also absconding
and split up case has been registered against him.
Specific overtacts are alleged against the accused No.2 to
whom anticipatory bail has been granted. In the charge
sheet there is no specific overtact is alleged against this
petitioner -accused No.3. Learned counsel for the
petitioner -accused No.3 has produced certified copy of
the judgment passed in S.C.No.17/2020 dated 28.11.2023
by the Additional District and Sessions Judge,
Chikkaballapura, wherein accused Nos.1, 4 to 6 have been
acquitted. The petitioner -accused No.3 has undertaken
to appear before the jurisdictional Court. As charge sheet
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is filed this petitioner -accused No.3 is not required for
custodial interrogation.
8. The petitioner -accused No.3 has made out
grounds for grant of anticipatory bail subject to terms and
conditions.
In the result, the following
ORDER
The petition filed under Section 438 of Cr.P.C is
allowed.
The petitioner -accused No.3 is ordered to be
released on bail in the event of his arrest in crime
No.315/2013 of Chikkaballapura Rural Police Station
pending in C.C.No.632/2023 on the file of the II Additional
Civil Judge and JMFC, Chikkaballapur subject to the
following conditions.
i. Petitioner -accused No. 3 shall execute a
personal bond for a sum of Rs.1,00,000/-
(Rupees One lakh only) with one surety for
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the like sum to the satisfaction of the
jurisdictional Court.
ii. Petitioner -accused No. 3 shall appear before
the jurisdictional Court within 15 days from
today.
iii. Petitioner -accused No. 3 shall not indulge in
tampering the prosecution witnesses.
iv. Petitioner -accused No. 3 shall cooperate
with the Investigating Officer in further
investigation if any.
v. Petitioner -accused No.3 shall attend the
Court on all dates of hearing unless
exempted and cooperate in speedy disposal
of the case.
Sd/-
JUDGE
DSP
