Allowed

Shri.Vishal @ Shahu Daulatakar v. the State of Karnataka

Karnataka HC17 Oct 2019CRL.P/101809/2019

Case brief

AI extract

What is this about?

Criminal bail petition filed under Section 439 Cr.P.C. by two accused persons in a case involving trespass, extortion and snatching at an Anganwadi center. Court allowed bail subject to personal bond and conditions against tampering with witnesses.

What did the court decide?

Petition allowed; petitioners released on bail subject to execution of bond with surety and compliance with four specific conditions.

Shri.Vishal @ Shahu Daulatakar Vs the State of Karnataka — Bail and Remand | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 17^TH DAY OF OCTOBER, 2019

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BEFORE

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THE HON’BLE MR. JUSTICE ASHOK G NIJAGANNAVAR

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CRIMINAL PETITION NO.101809/2019

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BETWEEN:

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SHRI.VISHAL @ SHAHU DAULATAKAR AGE: 49 YEARS, OCC: BUSINESS, R/O: H.NO.1789/B, JEDGALLI, SHAHAPUR BELAGAVI, TAL: & DIST: BELAGAVI.

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SHRI.SHANKAR GUNDU KAKATIKAR AGE: 48 YEARS, OCC: COOLIE, R/O: H.NO.110, 3^RD CROSS, SHASTRI NAGAR, TAL: & DIST: BELAGAVI.

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... PETITIONERS

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(BY SRI. S B DEYANNAVAR, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA THROUGH HIRE-BAGEWADI POLICE STATION, REPRESENTED STATE PULBIC PROSECUTOR, DHARWAD BENCH, DHARWAD.

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... RESPONDENT

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(BY SMT. SEEMA SHIVA NAIK, HCGP)

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THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. SEEKING TO ENLARGE THE PETITIONERS/ACCUSED NOS.1 & 3 ON BAIL IN H.B.P.S. CRIME NO.89/2019 FOR THE OFFENCES P/U/S 341, 384, 420, 504, 506, 511 R/W SEC. 149 OF IPC, PENDING ON THE FILE OF THE PRL. SESSIONS JUDGE, BELAGAVI.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORDER

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This petition is filed by the petitioners/accused

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Nos.1 and 3 under Section 439 of Cr.P.C. seeking for grant of bail in connection with Crime No.89/2019 of Hirebagewadi Police Station, for the offences punishable under Sections 341, 384, 420, 504, 506, 511 read with Section 149 of IPC.

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The facts briefly stated in the petition are that, on the basis of the complaint filed by Smt. Rekha Rajendra Galaga, Anganwadi worker, the police have registered a case. The allegations are that, on 19.08.2019, at about 11.00 am, the petitioners/accused Nos.1 and 3 along with three other persons came on motorcycles bearing registration No.KA-22/EV-9556 and KA-22/ER-0527 and trespassed into Anganwadi Centers and attempted to snatch their mobile phones. Thereafter, under the guise of inspecting the ration

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stored there, they have demanded Rs.2,00,000/- from each of the Anganwadi workers. On registering the complaint, the police have arrested accused Nos.1 to 5 on 19.08.2019. The bail petition filed by the petitioners before the Sessions Court was rejected.

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Heard the counsel for the petitioner and the learned HCGP, perused the prosecution papers available at this stage.

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Counsel for the petitioners submitted that the allegations made in the complaint are false and baseless. The petitioners have been falsely implicated in this case. There is no prima facie evidence to connect the accused persons with the alleged offence. The petitioners do not have any criminal antecedents. Due to detention, they have been put to great hardship.

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Per contra, learned HCGP submitted that the petitioners/accused Nos.1 and 3 along with three other

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accused have illegally conducted raid without having any authority and they have attempted to extort money from the complainant and other Anganwadi workers. The investigation is not yet completed. In the event of granting bail, the accused persons are likely to interfere with the investigation and tamper the prosecution witnesses.

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As could be seen from the records and the complaint averments, it is evident that the petitioners who are accused Nos.1 and 3 and other accused persons have trespassed and conducted the raid illegally by posing themselves as members of the District Human Rights Committee.

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It is pertinent to note that the

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petitioners/accused Nos.1 and 3 and other accused have not been apprehended in the presence of the complainant or other Anganwadi workers. Generally

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while considering the application for bail, we should avoid the detail or elaborate enquiry or documentation. The detailed examination or elaborate documentation of the merits of the case is not required at this stage. No party should have the impression that his case has been prejudiced. To be satisfied about the prima facie case is needed, but it is not the same as an exhaustive exploration of the merits in the order itself.

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Admittedly, the accused persons have been arrested on 19.08.2019. It is submitted that on account of the availability of the CCTV footage, the identification parade may not be necessary. The main objection of the prosecution is that, in the event of granting bail, the accused persons are likely to tamper the prosecution witnesses. The said objection may be set right by imposing stringent conditions.

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It is submitted that accused Nos.2 and 5

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have been enlarged on bail by order dated 25.09.2019 passed by this Court in Crl.P.No.101774/2019 and also accused No.4 has been enlarged on bail by order dated 09.10.2019 by this Court in Crl.P. No.101771/2019. Hence, the petitioners/accused No.1 and 3 are also entitled for bail on the ground of parity.

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Considering the facts and circumstances of the case and the grounds made out by the counsel for the petitioner, this Court is of the view that there are valid reasons for granting bail. Hence I proceed to pass the following:

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ORDER

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The petition filed under Section 439 Cr.P.C., is allowed. Consequently, the petitioners/accused No.1 and 3 shall be released on bail in connection with Crime No.89/2019 of Hirebagawadi Police Station, pending on

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the file of the Principal District and Sessions Judge, Belagavi, subject to following conditions:

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i. The petitioners/accused Nos.1 and 3 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one solvent surety for the likesum to the satisfaction of the jurisdictional Court/ Committal Court.

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ii. The petitioners/accused Nos.1 and 3 shall not indulge in tampering the prosecution witnesses.

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iii. The petitioner/accused Nos.1 and 3 shall appear before the Trial Court/Session Court on all the future hearing dates unless prevented by any genuine cause.

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iv. The petitioners/accused Nos.1 and 3 shall not leave the jurisdiction of the trial Court/Sessions Court without prior permission, till the disposal of the case.

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Violation of the above conditions would result in

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cancellation of the bail automatically.

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Sd/JUDGE

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JTR

Shri.Vishal @ Shahu Daulatakar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Shri.Vishal @ Shahu Daulatakar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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