H.P. Sandesh J. rejected a bail petition under Section 439 Cr.P.C. in a dacoity case where the petitioner was injured witnesses was present and recovery of evidences was made at the petitioner instance, ruling continued custody warranted.
Petition for regular bail rejected; petitioner remains in custody.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JUNE 2022
BEFORE
THE HON’BLE MR. JUSTICE H.P.SANDESH
CRIMINAL PETITION NO.3109/2022
BETWEEN:
NAGARAJA K S @ NAGA S/O SREENIVASA @ TAMATE SEENA AGED ABOUT 19 YEARS R/AT VINAYAKA CIRCLE KONE HOSUR SHIVAMOGGA TALUK SHIVAMOGGA DISTRICT - 577 201 …PETITIONER
(BY SRI PRATHEEP K C, ADVOCATE)
AND:
THE STATE OF KARNATAKA REP. BY SHIVAMOGGA RURAL POLICE STATION, SHIVAMOGGA DIST. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001 …RESPONDENT
(BY SRI MAHESH SHETTY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.273/2021 (S.C.NO.26/2022) OF SHIVAMOGGA RURAL POLICE STATION, SHIVAMOGGA DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 114, 120B, 448, 397, 395, 201 OF IPC ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
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O R D E R
This petition is filed under Section 439 of Cr.P.C. praying to release the petitioner on regular bail in Crime No.273/2021 of Shimoga Rural Police Station registered for the offences punishable under Sections 114, 120B, 448, 397, 395, 201 of IPC.
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are no other criminal antecedents against this petitioner. He would also submit that the investigation has been completed and the charge sheet is also filed and there is no need of further custodial trial. Hence, he seeks for enlargement on bail.
the petitioner and also learned High Court Government Pleader appearing for the State and on perusal of materials
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available on record, more particularly against the petitioner, specific overt acts is made in causing injuries to CWs.2 and 3 and also recovery at the instance of this petitioner i.e. cash as well as gold ornaments which are subject matter of dacoity. Having taken note of the injuries caused to CWs.2 and 3 who have witnessed this petitioner inflicting the injury, and mere filing of the charge sheet and the very fact that the petitioner is in custody for the last eight months, further the investigation is completed and the charge sheet is also filed cannot be the grounds to enlarge the petitioner on bail. Hence, it is not a fit case to exercise the power under Section
439 of Cr.P.C. and accordingly the petition is rejected.
Sd/JUDGE
KSR
1 issue framed by the court
Whether the petitioner is eligible for enlargement on bail in a dacoity case involving serious injuries to witnesses despite completion of investigation.
1 provisions across 1 enactments
Nagaraja K S @ Naga S/o Sreenivasa @ Tamate Seena
The State of Karnataka
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
