Karnataka High Court
Mohammed Juber And Juber vs The State Of Karnataka on 9 January, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2024:KHC:988
CRL.P No. 12314 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 12314 OF 2023 (438)
BETWEEN:
MOHAMMED JUBER AND JUBER
S/O LATE YUNAS,
AGED ABOUT 18 YEARS,
R/AT NEAR LEELA TALKIES,
ASHRAYA BADAVANE,
HUNSUR - 571105
...PETITIONER
(BY SRI. LETHIF B., ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY HUNSUR TOWN POLICE,
MYSURU DISTRICT,
REP. BY SPP, HIGH COURT BUILDING,
Digitally BANGALORE 560001
signed by ...RESPONDENT
LAKSHMI T (BY SRI. RAJAT SUBRAMANYA, HCGP)
Location:
High Court of THIS CRL.P IS FILED U/S 438 CR.PC BY THE ADVOCATE
Karnataka
FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONER
ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.18/2023 OF
HUNUSUR TOWN P.S., MYSURU CITY FOR THE OFFENCE P/U/S
379 OF IPC ON THE FILE OF THE VIII ADDL.DISTRICT AND
SESSIONS JUDGE, MYSURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:988
CRL.P No. 12314 of 2023
ORDER
This petition is filed under Section 438 of Cr.P.C. by
the petitioner seeking anticipatory bail in crime
No.18/2023 of Hunsur Town Police Station, registered for
the offence punishable under Section 379 of IPC.
2. Heard the learned counsel for petitioner,
learned High Court Government Pleader for respondent /
State and perused the material on record.
3. Case of the prosecution in brief is that:
Complaint is lodged by one Nagarathna W/o late
Narasimha alleging theft of a borewell motor valued at
Rs.20,000/- kept in front of her house on 17.01.2023 at
about 6.30 p.m. The complaint was filed against unknown
persons. The petitioner was arrested in crime No.17/2023
of Hunsur Town Police Station on 18.01.2023. In the said
case, under P.F.No.10/2023 a 5HP borewell motor which is
the subject matter of this case, along with other stolen
articles were recovered from him. In the present case,
charge sheet was filed on 17.03.2023 before the
NC: 2024:KHC:988
Jurisdictional Court against the petitioner for the offence
punishable under Section 379 of IPC.
4. The petitioner was arrested in crime
No.17/2023 of Hunsur Town Police Station. In the said
case, he was tried for an offence punishable under Section
379 of IPC along with three other accused persons and the
learned Magistrate vide judgment dated 28.03.2023 in
C.C.No.159/2023 was pleased to acquit all the accused. A
copy of the judgment passed in C.C.No.159/2023 has
been furnished by the learned counsel for the petitioner.
In the present case, trial Court has issued NBW against
the petitioner. The petitioner is arrayed as accused No.2.
5. Learned High Court Government Pleader has
contended that the petitioner is a habitual offender and
therefore, he is not entitled for the relief sought.
6. HP motor pump which is alleged to have been
stolen from the house of complainant was recovered in
crime No.17/2023 of Hunsur Police Station, along with
NC: 2024:KHC:988
other alleged stolen articles, under P.F.No.10/2023. The
petitioner has been acquitted insofar as crime No.17/2023
registered at Hunsur Town Police Station vide judgment
dated 28.03.2023 passed in C.C.No.159/2023. The
prosecution has to establish its case against the petitioner
during trial. He has undertaken to furnish sufficient surety
and abide by other conditions. In the facts and
circumstances, the petitioner can be directed to appear
before the trial Court and to file a regular bail application.
If such an application is filed within a period of 15 days,
learned Magistrate shall consider it on the same day and
release the petitioner on bail by imposing suitable
conditions, as it deems fit. It is made clear that, if the
petitioner is involved in any criminal activities henceforth,
his bail shall be liable to be cancelled.
7. The petition is disposed of.
SD/-
JUDGE
SSB
