Dismissed

Nana Kale S/O. Bhaskar Kale v. the State of Karnataka

Karnataka HC3 Feb 2021CRL.P/100154/2021

Case brief

AI extract

What is this about?

The High Court at Dharwad Bench dismissed a criminal bail petition filed under Section 439 Cr.P.C. in a dacoity case where the petitioner was accused No. 2. Despite investigation completion, the court declined bail due to the petitioner being a habitual offender, presence of absconding co-accused, high risk of committing similar offences, and difficulty in securing his presence for trial.

What did the court decide?

Bail petition is dismissed.

Nana Kale S/O. Bhaskar Kale Vs the State of Karnataka — Bail and Remand | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 3^RD DAY OF FEBRUARY, 2021

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BEFORE

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THE HON’BLE MR.JUSTICE K. NATARAJAN

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CRIMINAL PETITION NO.100154/2021

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BETWEEN:

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NANA KALE S/O. BHASKAR KALE AGE. 38 YEARS, OCC. COOLIE R/O. ANDHROL VILLAGE, KALAMBA TALUK, USMANABAD DISTRICT MAHARASTRA 522612

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...PETITIONER

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(BY SRI. B ANWAR BASHA, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA (THROUGH TEKKALAKOTE POLICE STATION) REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARANATAKA DHARWAD-580001.

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…RESPONDENT

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(BY MS. SEEMA SHIVA NAIK, HCGP)

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THIS PETITION IS FILED U/S. 439 CR.P.C. PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.2 ON BAIL IN CRIME NO.81/2020 REGISTERED IN TEKKALAKOTE POLICE STATION, FOR THE OFFENCE U/S. 395, 397 OF IPC, PENDING TRIAL OF THE CASE, BEFORE DIST. AND SESSIONS JUDGE, BALLARI.

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THIS PETITION COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This petition is filed by the petitioner/accused No.2 under Section 439 Cr.P.C. for grant of regular bail in Crime No.81/2020 registered by Tekkalakote Police Station, Ballari, for the offences punishable under Sections 395 and 397 of the IPC.

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The case of the prosecution is that, on the complaint of one Krishna, the police registered a case for the above said offences. It is alleged by the complainant that, on 09.10.2020, himself and another person by name Uday Singh Rana, drivers of Ashok Leyland Lorry on their way to Punjab from Hosur via Ballari, at about 10.30 pm, they have stopped the lorry and went for having their dinner. After finishing their dinner, at a tiny distance, they have parked their lorry in the left side of the NH road. It is alleged that, while taking rest in the lorry, around 1.00 am on 10.10.2020, a group of 7-8 unknown persons dragged the complainant and Uday Singh Rana from the lorry, assaulted them with iron rods, tied their hands and legs with the clothes and

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snatched their cash, mobile, aadhar card, ATM card and license etc., and escaped from the spot with the said lorry. On the basis of the complaint, the police during the course of investigation arrested the petitioner and other two accused and recovered lorry and some cash from the possession of accused persons. After completion of investigation, the police said to have filed charge sheet. The petitioner being accused No.2 approached the Sessions Judge for grant of bail, which came to be rejected on 23.12.2020. Hence the petitioner is before this Court.

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Learned counsel appearing for the petitioner Sri. B. Anwar Basha contended that the petitioner is innocent of the alleged offences. He has been falsely implicated in the case. Nothing is recovered from the possession of this petitioner. The investigation is already completed and charge sheet has been filed. He is ready to abide by any conditions. Hence he prayed for grant of bail to the petitioner.

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Per contra, learned HCGP Ms. Seema Shiva Naik, objected to the bail petition and contended that, remaining six persons were still absconding and not arrested. The police arrested

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this petitioner and other accused persons and recovered the incriminating materials including the lorry and cash. The accused have indulged in 14 cases out of which 12 cases are registered against them in different states and two cases were registered in Karnataka State. If the petitioner is granted bail, he may commit similar offences and abscond from the case. Learned HCGP also produced the charge sheet before the Court and prayed for dismissal of the petition.

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Upon considering the arguments and perusal of the material on record, it goes to show that the offences alleged are under Sections 395 and 397 of IPC, for the dacoit committed by accused No.1 in collusion with other accused persons. The lorry was taken after snatching the cash and other belongings of the complainant and later it was recovered at the instance of the accused. Though the investigation is completed and charge sheet has been filed, the police yet to arrest other three persons who were participated in the crime. From the records and the wound certificate, it is seen that the injury caused to the complainant was grievous in nature and another person sustained injury which is

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simple in nature. However, the accused persons have involved in various similar cases in Karnataka as well as other states. The police investigated the case and recovered the materials at the instance of accused persons. As per the charge sheet materials, other accused persons also involved in similar offences. As per the police report, there were 12 cases registered against this petitioner in various states including Maharashtra State. Considering the involvement of the petitioner in various cases shows the petitioner is a habitual offender. It is a highway robbery case. If the petitioner is granted bail, he may commit similar offences and chances of he absconding from the case and hampering the trial is not ruled out. He is the resident of Maharashtra and securing his presence for trial would be very difficult.

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Therefore, considering all these aspects, I am not inclined to grant bail to the petitioner. Accordingly, the bail petition

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is dismissed .

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Sd/JUDGE

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gab

Nana Kale S/O. Bhaskar Kale v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Nana Kale S/O. Bhaskar Kale v. the State of Karnataka

Case brief

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What did the court decide?

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