Allowed

Sri. Nanjundaswamy @ Hosahalli Nanjundi v. State of Karnataka

Karnataka HC19 Mar 2021CRL.P/1181/2021

Case brief

AI extract

What is this about?

This order granted anticipatory bail to the petitioner under Section 438 Cr.P.C. for offenses under the IPC in two crime numbers. The court deemed the petitioner entitled to bail as offenses were not punishable with death or life imprisonment, despite pending investigation and previous habitual offender status.

What did the court decide?

Anticipatory bail granted; direction to police to release petitioner on production of bond and satisfaction of conditions.

Sri. Nanjundaswamy @ Hosahalli Nanjundi Vs State of… — Anticipatory Bail | Karnataka HC (2021)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 19^TH DAY OF MARCH, 2021

¶4

BEFORE

¶5

THE HON'BLE MR. JUSTICE K. NATARAJAN

¶6

CRIMINAL PETITION NO.1181 OF 2021 AND

¶7

CRIMINAL PETITION NO.1191 OF 2021

¶8

BETWEEN:

¶9

SRI NANJUNDASWAMY @ HOSAHALLI NANJUNDI S/O. DEVARAJU, AGED ABOUT 28 YEARS, RESIDING AT T. HOSAHALLI VILLAGE, KASABA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT – 572 130.

¶10

... PETITIONER (COMMON)

¶11

(BY SRI VEERANNA G. TIGADI, ADV.)

¶12

AND:

¶13

STATE OF KARNATAKA REPRESENTED BY SUB-INSPECTOR OF POLICE, HULIYURDURGA POLICE STATION, KUNIGAL TALUK, TUMKUR DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001.

¶14

... RESPONDENT (COMMON)

¶15

(BY SMT. RASHMI JADHAV, H.C.G.P.)

¶16

¶17

¶18

THESE CRIMINAL PETITIONS ARE FILED UNDER SECTION 438 OF THE CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NOS.149 OF 2020 AND 148 OF 2020 RESPECTIVELY OF HULIYURDURGA POLICE STATION, TUMAKURU, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 384, 504 AND 506 READ WITH SECTION 149 OF THE IPC.

¶19

THESE CRIMINAL PETITIONS ARE COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

¶20

O R D E R

¶21

Criminal Petition No.1181 of 2021 and Criminal

¶22

Petition No.1191 of 2021 is filed by accused No.3 under Section 438 of the Code of Criminal Procedure, 1973, (for short, ‘the Cr.P.C.’) for granting anticipatory bail in Crime Nos.149 of 2020 and 148 of 2020 respectively registered by Huliyurdurga Police Station, Tumakuru, for the offences punishable under Sections 384, 504 and 506 read with Section 149 of the Indian Penal Code, 1860 (for short, ‘the IPC’).

¶23

Heard the arguments of the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.

¶24

¶25

The case of the prosecution is that, on the complaints of Sandeep and Naveena, the Police registered cases in Crime Nos.149 of 2020 and 148 of 2020 respectively on 7-12-2020. The petitioner has been arraigned as accused No.3 in both the cases. It is alleged by the complainants that the petitioner along with accused No.1 came to the stone crushers and forcefully carried M Sand and jelly under the guise of constructing temple. Therefore, the complainants have not filed the complaint immediately. Complaints came to be filed on 7-12-2020, i.e. after one month of the incident. After arrest of accused No.1, the Police have shown the name of the petitioner as accused No.3 and stated that, he is absconding. The petitioner approached the Sessions Court for granting bail, which came to be rejected. Hence, these petitions.

¶26

Learned counsel for the petitioner has contended that the petitioner is innocent of the alleged offences and

¶27

¶28

he has been implicated on the voluntary statement of accused No.1. Even otherwise, the entire allegation is against accused No.1. The allegation against the petitioner is that he accompanied accused No.1. The petitioner is ready to abide by any of the conditions that may be imposed by the Court. The alleged offences are not punishable with death or imprisonment for life. Hence, he prayed for allowing the petitions.

¶29

Per contra , the learned High Court Government Pleader has objected the bail petitions and contended that the petitioner is a habitual offender and has committed series of offences. Therefore, his name has been included in rowdy-sheeter list. Investigation is still pending. Hence, she prayed for dismissing the petitions.

¶30

Upon considering the arguments and perusal of the record, no doubt, the alleged offences said to have taken place on 7-11-2020, but the complaints have been lodged on 7-12-2020, after one month. The allegation

¶31

¶32

against the petitioner is that, he accompanied accused No.1 to the stone crushers and took M Sand and jelly under the guise of constructing temple. Further, for similar offences, this Court had already granted bail to the petitioner in Criminal Petition No.1941 of 2021 on 3-3-2021 registered by Kunigal Police Station in Crime No.297 of 2020. The allegation against the petitioner in the present cases and case in which the bail has been granted are similar. Investigation is pending. Whether M Sand and jelly have been taken for the purpose of constructing temple or not is a matter of investigation. Except the allegation that there are three cases registered, but all the cases are registered on the same day in different Police Stations within the jurisdiction of Kunigal Circle, Tumakuru. Though the offences are non-bailable, but they are not punishable either with death or imprisonment for life. Therefore, without expressing any opinion on the merits of the case, I am of the view that the

¶33

¶34

petitioner is entitled for grant of bail. Accordingly, I proceed to pass the following

¶35

O R D E R

¶36

Criminal petitions are allowed .

¶37

The respondent-Huliyurdurga Police Station, Tumakuru, is directed to release the petitioner on bail in the event of his arrest in Crime Nos.149 of 2020 and 148 of 2020 for the offences punishable under Sections 384, 504 and 506 read with Section 149 of the IPC, subject to the following conditions:

¶38

i. In each petition, the petitioner shall execute a personal bond in a sum of Rs.50,000/(Rupees fifty thousand only) with a surety for the likesum to the satisfaction of the Investigating Officer;

¶39

ii. Petitioner shall surrender himself before the Investigating Officer within fifteen days from the date of receipt of a certified copy of this order;

¶40

¶41