High Court of Karnataka dismissed the criminal petition for regular bail. The court held that due to the gravity of offences involving kidnapping and dacoity, along with the recovery of stolen cash from the petitioner, mere filing of a charge sheet was insufficient to grant bail.
Petition for regular bail was dismissed; no bail granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JANUARY, 2022
BEFORE
THE HON’BLE Mr. JUSTICE H.P. SANDESH
CRIMINAL PETITION No.6198 OF 2021
BETWEEN:
ANIL AGED ABOUT 29 YEARS S/O KRISHNA POOJARY BARANGA DARKASU MANE NITTE VILLAGE, KARKALA, UDUPI DISTRICT -574 110 ..PETITIONER
(BY SRI.DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE)
AND:
THE STATE BY THE UDUPI TOWN POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001. ..RESPONDENT
(BY SRI.KRISHNA KUMAR, HCGP)
THIS CRIMINAL PETITION FILED UNDER SECTION 439 OF CR.P.C. BY THE PETITIONER PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.102/2021 OF UDUPI TOWN P.S., UDUPI DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 324, 342, 363, 387, 395 OF IPC AND SECTIONS 3 AND 25 OF INDIAN ARMS ACT.
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THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THROUGH VIDEO CONFERENCING THE COURT MADE THE FOLLOWING:
O R D E R
This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.102/2021 of Udupi Twon Police Station, Udupi, for the offences punishable under Sections 324, 342, 363, 387, 395 of IPC and Sections 3 and 25 of the Indian Arms Act.
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to encash the cheques and when the victim screamed in the bank then they left the place and police investigated the matter and filed charge sheet.
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similar allegation against accused No.5 had already rejected the bail petition on 09.11.2021 and court has looked into the allegations made in the charge sheet.
and learned HCGP appearing for the State and also on perusal of the records, particularly the specific allegation against this petitioner as well as others is that they conspired with each other and committed offence of kidnapping and confined the victim in a room and snatched Rs.1,99,500/- from the bag of the victim and other
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documents and apart from that there is recovery of Rs.35,000/- from the house of this petitioner out of Rs.1,99,500/-. It is also important to note that from the material collected by investigating officer it is clear that they have snatched money and also obtained signature on the cheque leaves and made an attempt of encashing the same from the account and victim was taken to bank for encashment and when the victim screamed at the spot the accused persons ran away from the place. Considering the gravity of offence, mere filing of charge sheet is not a ground to enlarge the petitioner on bail by exercising discretion.
In view of the discussions made above, I pass the following:
ORDER
Petition is dismissed.
Sd/JUDGE
SBN
2 issues framed by the court
Whether bail of the petitioner should be enlarged under Section 439 Cr.P.C. considering the gravity of kidnapping and dacoity charges and the recovery of stolen money.
Whether prior rejection of bail petitions against other accused or the filing of a charge sheet constitutes a ground for granting bail in serious offences.
1 provisions across 1 enactments
Anil
The State
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
