Karnataka High Court
Shahid And Ors vs The State Of Karnataka on 5 September, 2024
Author: K Natarajan
Bench: K Natarajan
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NC: 2024:KHC-K:6669
CRL.P No. 201034 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE K NATARAJAN
CRIMINAL PETITION NO.201034 OF 2024
(439(Cr.PC)/483(BNSS))
BETWEEN:
1. SHAHID
S/O KAMALKHAN,
AGED 32 YEARS, OCC: COOLIE WORK,
R/O NAVALI TALUKA, FEROJPUR ZIRAKA,
DISTRICT: NOOHU (MEVATH),
STATE HARIYANA, AMBALA HARYANA.
2. ALIM @ RIHAN
S/O AKBAR KHAN,
AGED 26 YEARS, OCC: COOLIE WORK,
R/O BHANGO TALUKA TAWARU,
DISTRICT: NOOHU (MEVATH),
Digitally signed
by SHIVALEELA STATE HARIYANA.
DATTATRAYA
UDAGI
Location: High
3. ILIYASHA
Court Of S/O ABDULA RAHMAN,
Karnataka
AGED 45 YEARS, OCC: LABOUR,
R/AT MATHEPUR TALUKA HATEN,
DISTRICT: MALAVALA,
STATE HARIYANA.
...PETITIONERS
(BY SRI. GANESH NAIK, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH HALLIKHED-B POLICE STATION,
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NC: 2024:KHC-K:6669
CRL.P No. 201034 of 2024
DISTRICT: BIDAR,
ITS REPRESENTED BY
ADDL. SPP, HIGH COURT OF KARNATAKA
AT KALABURAGI BENCH, DIST. KALABURAGI-
585103.
...RESPONDENT
(BY SRI. JAMADAR SHAHABUDDIN, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 483
OF BNSS (NEW), PRAYING TO ALLOW THE PETITION THERE BY
ENLARGE THE PETITIONERS ON BAIL IN CRIME NO. 11/2024
REGISTERED BY THE HALLIKHED (B) POLICE STATION, DIST.
BIDAR FOR OFFENCES PUNISHABLE FOR THE OFFENCE UNDER
SECTIONS 380, 457, 427, 212 OF IPC PENDING ON THE FILE
OF THE PRL. CIVIL JUDGE AND J.M.F.C. COURT AT HUMNABAD
DIST. BIDAR IN C.C.NO. 2295/2024. IN THE INTEREST OF
JUSTICE.
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 appeal is filed by petitioners/accused Nos.1 to 3
under Section 483 of BNSS, 2023 seeking regular bail in CC
No.2295/2024 arising out of Crime No.11/2024 registered by
Hallikhed(B) Police Station, Bidar District for the offences
punishable under Sections 380, 457, 427 and 212 of IPC
pending on the file of Prl. Civil Judge and JMFC, Humnabad.
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2. Heard the learned counsel for the petitioners and
learned High Court Government Pleader for the State.
3. The case of the prosecution is that a complaint was
lodged by one Bharatkumar, SBI bank manager of Halliked(B)
branch on 05.02.2024. He alleged that he had loaded
Rs.25,16,700/- in the ATM machine on 03.02.2024. On
05.02.2024 at about 7:30 a.m., he received a call from one
Shivaraj, the peon, that the ATM machine door has been
broken open by somebody. When he went to verify the same,
out of Rs.25,16,700/-, Rs.59,000/- was withdrawn from the
machine and remaining 24,57,700/- was stolen by somebody
by breaking open the ATM machine. Accordingly, he filed the
complaint to the police. The police registered the FIR in Crime
No.11/2024 and investigated the matter. The petitioners were
arrested on 11.12.2024. On enquiry they confessed to the
crime and the police recovered 3 lakh rupees from the first
petitioner, 3.5 lakh rupees from petitioner No.2 and 3 lakh
rupees from petitioner No.3. After the investigation, the
petitioners were remanded to judicial custody. The bail
application filed by the petitioners before the Trial Court was
rejected. Then they approached the Sessions Court in
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Cril.Misc.No.5149/2024, which also came to be rejected vide
order dated 23.07.2024. Accordingly, the petitioners are before
this Court.
4. Learned counsel for the petitioners contended that
the FIR was registered against unknown persons. The
petitioners are in custody for almost 6 months. Investigation in
the case is completed and the charge sheet is filed. The
petitioners are falsely implicated in the said case. Though, they
are implicated in some other cases, the Trial Court has granted
bail to them in some cases. He further contended that the
petitioners are ready to abide any conditions that hon'ble Court
may impose. Hence, he prayed for granting bail.
5. Per contra, learned High Court Government Pleader
has seriously objected the petition mainly on the ground that
there are 11 other cases registered against them in various
districts. Some of the accused persons are still absconding. The
petitioners are said to be from the state of Haryana. If, they
are enlarged on bail, they will abscond and delay the process.
Therefore, he prayed for dismissing this petition.
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6. Having heard the parties and perused the records,
perusal of the records would go to show that a complaint was
lodged on 05.02.2024 for breaking open the ATM machine of
SBI bank and stealing Rs.24,57,700/-. Subsequently, the
petitioners were arrested on 11.02.2024. The police have
recovered 3 lakh rupees from the first petitioner, 3.5 lakhs
rupees from the second petitioner and 3 lakh rupees from the
third petitioner. Other two accused are absconding. Yet there
is more money to be recovered from them. The remand
application produced by the police along with this petition
reveals that the petitioners were involved in 11 cases of
breaking open ATM machine and stealing cash. The details of
all the crimes have been mentioned by the Investigating
Officer. The details of the crimes are as under: (i)
Rs.24,57,700/- from the SBI Bank ATM in Halliked(B) village
(ii) Rs.6,66,100/- from the Karnataka Bank ATM in
Basavakalyan, Bidar District (iii) Rs.57,200/- from Hitachi ATM
in Belgaum District (iv) Rs.26,88,000/- from the SBI bank ATM
Balsuru, near Belgaum District (v) Rs.3,64,200/- from INDIA-1
ATM in Shivanagi, Bijapur District (vi) Rs.7,07,700/- from
INDIA-1 ATM in Umarga Distrcit, Maharashtra (vi)
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Rs.14,52,500/- from ATM of Axis Bank in Ankali, Chikkodi taluq
(vii) Rs.23,48,800/- from the ATM of SBI Bank, Chikkodi and
(vii) Rs.28,69,400/- from different ATM machines in
Sadashivpet, Telangana (viii) Rs.7,61,500/- from the SBI Bank
ATM machine in Chitguppa, Bidar district and some other ATM's
were also robbed, making total of 11 cases against them and
they have looted crores of rupees from breaking open the ATM
machines of various Banks, which reveals that there is prima
facie material on record to show the offences committed by
them. Apart from that, they are from the Haryana State. Merely
they are involved in various cases and they are from the other
state, that itself cannot be a ground for rejecting the bail
application.
7. However, it is noted from the records that the
accused persons have looted crores of rupees from breaking
open ATM machines and stealing cash of various banks from
various places in Karnataka State and two of the accused
persons are still absconding. Merely 9.5 lakh rupees is
recovered from them and more money is yet to be recovered.
At this stage, if the petitioners are enlarged on bail, there is
every possibility that they would abscond and delay the
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process. It is well settled by the Hon'ble Supreme Court in a
catena of judgments that the bail is a rule and rejection is
exceptional case. This case comes under the exception, since,
the petitioners are involved in multiple crime in various places.
If they cannot attend to other cases from jail physically, they
can appear through Video Conferencing and attend the Trial
Court, where the Trial Court can conduct the trial and dispose
off the matter. At this stage, if the bail is granted to the
petitioners, they would definitely abscond and delay the
process. Such being the case, I am of the opinion that it is a fit
case for granting bail at this stage. Accordingly, following
order:
ORDER
The petition is dismissed.
Sd/-
(K NATARAJAN)
JUDGE
NJ
