Karnataka High Court
Ramakrishnaraju @ Raju And Anr vs The State Of Karnataka on 1 October, 2024
Author: K Natarajan
Bench: K Natarajan
-1-
NC: 2024:KHC-K:7562
CRL.P No. 201192 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 1ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE K NATARAJAN
CRIMINAL PETITION NO.201192 OF 2024
(439(Cr.PC)/483(BNSS))
BETWEEN:
1. RAMAKRISHNARAJU
@ THOTAKURA RAMAKRISHNAM RAJU
S/O SATHYANARAYANARAJU,
AGED ABOUT 30 YEARS,
OCC: MANAGER AQUA TRADING CO.,
R/O RAYALAM PANCHAYATH,
NEAR SHIVALAYA TEMPLE,
CHINNA AMEERAM STREET,
BHEEMAVARAM,
TQ. AND DIST. BHEEMAVARAM (AP)-534201
2. SADDALA KUMARARAJ @ KUMAR
S/O PRAKASH RAO,
AGED ABOUT 28 YEARS,
Digitally signed OCC: SUPERVISOR,
by SHIVALEELA
DATTATRAYA R/O OPP. SAIBABA TEMPLE,
UDAGI PAKUGODA, NARASAPURAM,
Location: High TQ. AND DIST. NARASAPURAM (AP)-563133
Court Of
Karnataka
...PETITIONERS
(BY SRI. ASHOK MULAGE, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA THROUGH,
SHO SINDHANUR TOWN POLICE STATION,
DISTRICT RAICHUR,
REPT. BY ADDL. SPP HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585107.
...RESPONDENT
(BY SRI. JAMADAR SHAHABUDDIN, HCGP)
-2-
NC: 2024:KHC-K:7562
CRL.P No. 201192 of 2024
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C (OLD) UNDER SECTION 483 OF BNSS ACT (NEW)
PRAYING TO GRANT THE REGULAR BAIL TO THE PETITIONERS
/ ACCUSED NO.1 AND 2 IN SINDHANUR TOWN PS CRIME NO.
142/2022 DISTRICT RAICHUR, FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 458, 392, 394, 397, 342, 109
READ WITH 34 OF IPC, PENDING ON THE FILE OF III ADDL.
DISTRICT AND SESSIONS JUDGE, RAICHUR SITTING AT
SIDHANUR IN S.C NO. 5004/2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K NATARAJAN
ORAL ORDER
(PER: HON'BLE MR JUSTICE K NATARAJAN)
This petition is filed by the petitioner/accused Nos.1
and 2 under Section 483 of the Bharatiya Nagarik
Suraksha Sanhita (for short BNSS Act), for granting bail in
S.C.No.5004/2023 on the file of III Addl. District and
Sessions Judge, sit at Sindhanur, arising out of Crime
No.142/2022 registered by Sindhanur town police station
and charge sheeted for the offences punishable under
Sections 458, 392, 394, 397, 342, 109 read with Section
34 of IPC.
NC: 2024:KHC-K:7562
2. Heard the arguments of learned counsel for the
petitioners and learned High Court Government Pleader for
the respondent - State.
3. The case of the prosecution is that on the
complaint of one Shivananda Rao the police registered FIR
on 17.9.2022 where it is alleged when he was in the house
in midnight on 16.9.2022, there was some noise outside
the room where his wife Aruna kumari came out, where 3
persons immediately came inside by showing the knife and
they tied the legs and hands and looted/robbed the gold
ornaments, cash from their almirah and also Mangalasutra
from his wife. Thereafter they also said to be brought the
son of the complainant from upstairs, all of them were
detained and locking outside and went out. The FIR came
to be registered against unknown persons. The petitioners
said to be arrested by the police on 8.11.2022 in Crime
No.131/2022 wherein the police found these petitioners
were involved in the present case. Therefore, the accused
persons were remanded to judicial custody in crime
NC: 2024:KHC-K:7562
No.131/2022. Their bail applications came to be rejected
by this court as well as trial court. The Hon'ble Supreme
Court granted bail to the petitioners in SLP.No.2969/2024
dated 23.07.2024 and the petitioners were released on
bail in crime no.131/2022 but the body warrant is pending
in this case. therefore he moved application for granting
bail which came to be rejected. Hence he is before this
court.
4. Having heard the arguments, perused the
records, which reveals the petitioner involved in various
cases, other than this case and they have been arrested in
crime no.131/2022. Though they were released on bail,
but the body warrant was pending in this case. The order
sheet is not produced to show whether the committal
court took the accused into the custody in Crime
No.142/2022 or not but Subsequent to the committal of
the case, the body warrant was issued and the petitioner
said to be treated as in custody. Whether the petitioner is
entitled for regular bail or anticipatory bail is not question
NC: 2024:KHC-K:7562
before this court, since order sheet of the learned
Magistrate/committal court is not produced. However, the
petitioners said to be in custody in this case, even though
he was released by the Hon'ble Supreme Court in the
connected matter and the body warrant issued by the
Sessions Judge from 25.7.2024. Therefore, even earlier to
that petitioner is in custody in this case. However, in view
of the judgment passed by the Hon'ble Supreme Court
granting bail in July 2024 and Subsequently this petition
was in custody in this case. Such being the case, it is a fit
case for granting bail by imposing certain conditions.
Hence, the following order:
ORDER
This criminal petition is allowed.
The petitioner/accused are ordered to be release on
bail by the Trial Court in for granting bail in
S.C.No.5004/2023 on the file of III Addl. District and
Sessions Judge, sit at Sindhanur, arising out of Crime
NC: 2024:KHC-K:7562
No.142/2022 registered by Sindhanur town police station
and charge sheeted for the offences punishable under
Sections 458, 392, 394, 397, 342, 109 read with Section
34 of IPC, subject to the following conditions:-
(i) Petitioners shall execute a personal bond
for a sum of Rs.2,00,000/- (Rupees Two
Lakhs only) with two sureties for the
likesum to the satisfaction of the trial
Court/committal court;
(ii) Petitioners shall not indulge in similar
offences strictly;
(iii) Petitioner shall not try to contact the
victim or family members;
(iv) Petitioners shall not tamper with the
prosecution witnesses directly/ indirectly;
(v) Petitioners shall take the trail without
causing any delay.
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If any of the above conditions are violated, the
prosecution is at liberty to seek cancellation of this bail
order.
Sd/-
(K NATARAJAN)
JUDGE
AKV
Ct:si
