Allowed

Devanna @ Devu @ Devaraj v. State of Karnataka

Karnataka HC16 Nov 2023CRL.P/10042/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed bail to the petitioner arrested in a robbery case punishable under Sections 395 and 397 of the IPC. The court found a prima facie case given that other co-accused had been granted bail, and directed the petitioner to execute a bond with sureties.

What did the court decide?

Petitioner enlarged on bail in Crime No.123/2023, directed to execute personal bond of Rs. 1,00,000/- with two sureties, appearing regularly before Trial Court.

Devanna @ Devu @ Devaraj Vs State of Karnataka — Bail and Remand | Karnataka HC (2023)

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NC: 2023:KHC:40831 CRL.P No. 10042 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10042 OF 2023

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BETWEEN:

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DEVANNA @ DEVU @ DEVARAJ, S/O AYYANNA DESAI, AGED ABOUT 29 YEARS, R/AT MATADHARA STREET, MATADHARA ONI, HUNSAGI, YADGIRI DISTRICT, KARNATAKA - 585 215. (ACCUSED NO. 6 IN JC)

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…PETITIONER

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(BY SRI. SANTHOSH A., ADVOCATE)

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AND:

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Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA BY SHO, MADIWALA PS, BANGALORE CITY, REPTD. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE CITY.

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…RESPONDENT

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(BY SRI. RANGASWAMY R., HCGP)

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THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.123/2023 AND C.C.NO.20236/2023 FOR THE ALLEGED OFFENCE U/S 395, 397 OF IPC, NOW PENDING ON THE FILE OF 32ND ADDL. CHIEF METROPOLITAN MAGISTRATE, BANGALORE.

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NC: 2023:KHC:40831 CRL.P No. 10042 of 2023

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

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ORDER

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Accused No.6 in Crime No.123/2023 registered by Madivala Police Station, Bengaluru City, for the offences punishable under Sections 395 and 397 of the IPC is before this Court under Section 439 of the Code of

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Criminal Procedure, seeking regular bail.

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Heard the learned counsel for the parties.

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On the basis of the complaint lodged by one Lokesh K, S/o Kuppaswamy dated 02.06.2023, Madivala Police have registered FIR in Crime No.123/2023 against

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six unknown persons for the aforesaid offences. The petitioner has been arrested in the said case on 16.08.2023.

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In the complaint, it is averred that on 01.06.2023 at about 3.00 a.m. the complainant was standing near the house of Dhananjaya Reddy with his mobile phone. Six

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3 - NC: 2023:KHC:40831 CRL.P No. 10042 of 2023

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persons came there and assaulted him and also snatched his mobile phone and a gold chain weighing 10 grams, and ran away. In this regard, a complaint was lodged on 02.06.2023 at about 7.00 p.m. which had resulted in registering FIR in Crime No.123/2023 against six unknown persons.

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Investigation in the case is complete and charge sheet has been filed. In the charge sheet the petitioner is arrayed as accused No.6. The bail application filed by the petitioner before the LXI Additional City Civil Sessions Judge, Bengaluru City in Crl.Misc.No.8357/2023 was rejected on 04.09.2023. Therefore, he is before this Court.

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Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that accused Nos.3, 4, 5, 7 and 8 have been already enlarged on bail by this Court in Criminal Petition No.9922/2023, Criminal Petition No.7686/2023, Criminal Petition No.6350/2023

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4 - NC: 2023:KHC:40831 CRL.P No. 10042 of 2023

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and Criminal Petition No.5700/2023. Accordingly prays to allow this petition.

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Per contra, learned HCGP has opposed the bail application.

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In the complaint which had resulted in registering Crime No.123/2023, it has been stated by the complainant that six persons had come to the spot of the incident on the night intervening 01.06.2023 and 02.06.2023, who had assaulted him and robbed a gold chain and a mobile phone. As per the charge sheet allegation the gold chain was robbed by accused No.1 and the mobile phone of the complainant was robbed by accused No.3. Though in the complaint presence of only six persons was stated in the spot, after investigation charge sheet has been filed totally against eight accused persons. Accused Nos.3, 4, 5, 7 and 8 as against whom similar allegations are made in the charge sheet, have already been enlarged on bail. Therefore, I am of the view that petitioner has made out a

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5 - NC: 2023:KHC:40831 CRL.P No. 10042 of 2023

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prima facie case for grant of bail. Accordingly, the following :

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ORDER

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The petition is allowed. Petitioner is directed to be enlarged on bail in Crime No.123/2023 of Madiwala Police Station registered for the offences punishable under Sections 395 and 397 of IPC, subject to the following conditions:

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a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (one lakh) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) Petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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c) Petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) Petitioner shall not involve in similar offences in future;

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NC: 2023:KHC:40831 CRL.P No. 10042 of 2023

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e) Petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

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SD/JUDGE

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NG List No.: 1 Sl No.: 41 CT:SNN

Devanna @ Devu @ Devaraj v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Devanna @ Devu @ Devaraj v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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