The Karnataka High Court dismissed a successive bail petition filed by accused Nos. 7 and 8 in a dacoity and armed robbery case under Section 439 CrPC, citing lack of new grounds and their status as habitual offenders.
The petition seeking regular bail under Section 439 of Cr.P.C. was dismissed.
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.
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.100822 OF 2023
BETWEEN:
S/O. KRISHNA SIDDI AGED ABOUT 24 YEARS, OCC. COOLIE, R/O. JADAGINAKOPPA, POST - SHIRANALA-581359, TQ - YELLAPUR, DIST - UTTARA KANNADA
VIJAYALAKSHMI M KANKUPPI
Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: high court karnataka Dharwad bench Date: 2023.06.20 15:00:51 +0530
(BY SRI. S G KADADATTI, ADVOCATE)
…PETITIONERS
AND:
…RESPONDENT
(BY SRI.K.P.YASHODHA, HCGP.,)
THIS CRIMINAL PETITION IS FILED U/SEC.439 OF CR.P.C. SEEKING TO GRANT REGULAR BAIL BY DIRECTING TO RELEASE THE PETITIONER / ACCUSED NO.7 AND C.C.1646/2022, PENDING ON THE FILE OF JMFC, YELLAPUR FOR ALLEGED OFFENCES P/U/SEC.341, 324, 326, 395, 397 AND 506 OF IPC REGISTERED BY YELLAPUR POLICE BY ALLOWING THE PETITION.
THIS PETITION COMING ON FOR ORDERS THIS DAY THROUGH VIDEO CONFERENCING AT BENGALURU, THE COURT MADE THE FOLLOWING:
ORDER
Chanbasu Gadigi and Krishna Undi who known to the informant visited the Lodge and discussed about the availability of black turmeric. Thereafter, the informant, Jaimin Patel and Ningappa Ninganur, all the three have boarded the car of the informant bearing registration No.KA- 04-KR-2463, and Chanbasu Gadigi and Krishna Undi together went in a Car bearing registration No.KA-24M- 8497 of Chanbasu Gadigi and left Hubballi at about 12.30 p.m. to Yellapur and have discussed to purchase Black Turmeric, wherever it is available. They reached Yellapur at about 2.00 p.m. and they proceeded towards Bilagi village and 4 to 5 persons were standing with the motorcycle on the road which leads to Sidalgundge and suddenly stopped the car and they were holding knife, chopper and sticks and by assaulting the inmates of the car robbed cash of Rs.9,33,000/- of the informant which was kept in the black bag and I-phone worth Rs.1,00,000/-, Samsung mobile, Samsung power bank, one finger ring weighing about 32 grams and also assaulted Krishna Undi to his both hands who sustained
injuries and also robbed the mobile of Vivo company and assaulted Ningappa Ninganur with laati and also snatched Samsung company mobile and assaulted Jaimin Patel to his left hand and also assaulted Chanbasu and snatched his mobile and three persons went on the motorcycle and remaining went inside the forest. The said complaint came
to be registered in Crime No.153/2022 by the Yellapur Police station for the offences punishable under Sections 395 of IPC.
the petitioner No.2 – accused No.8 is involved in six criminal cases and they are the habitual offenders. If the
petitioners are granted bail, there are chances of they committing similar offences and chances of threatening the witnesses. The petitioners have not made out any new ground. Hence, she prayed to dismiss the petition.
sheet material show prima facie case against the petitioners for the offences alleged against them.
Sd/JUDGE
GH
List No.: 1 Sl No.: 10
1 issue framed by the court
Whether bail should be granted to accused Nos. 7 and 8 who are alleged to have committed dacoity and have prior criminal records.
1 provisions across 1 enactments
PRAKASH S/O. KRISHNA SIDDI
PHILIP S/O. KRISHNA SIDDI
THE STATE OF KARNATAKA
SHIVASHANKAR AMARANNAVAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
