Dismissed

Jagadish Bhavarlal Daya v. the State of Karnataka

Karnataka HC4 Oct 2023CRL.P/101931/2023

Case brief

AI extract

What is this about?

The High Court rejected an application for bail under Section 439 Cr.P.C. filed by an accused in a dacoity case. The court denied bail citing the petitioner's history of absconding, criminal record, and the likelihood of evading trial despite weak forensic evidence linking him to the crime.

What did the court decide?

Petition for bail under Section 439 Cr.P.C. is hereby rejected.

Jagadish Bhavarlal Daya Vs the State of Karnataka — Cheque Dishonour | Karnataka HC (2023)

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NC: 2023:KHC-D:11915 CRL.P No. 101931 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4^TH DAY OF OCTOBER, 2023

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BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 101931 OF 2023 (439-)

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BETWEEN:

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JAGADISH BHAVARLAL DAYA AGE MAJOR, OCC BUSINESS R/O SATYAM TAILORS GROUND FLOOR BHAGAT SINGH NAGAR NO 1 LINK ROAD GOREGAON WEST MUMBAI MAHARASTRA STATE

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…PETITIONER

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(BY SRI. ABHISHEK L KALLED, ADVOCATE)

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AND:

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Digitally ANNAPURNA signed by CHINNAPPA ANNAPURNA DANDAGAL CHINNAPPA DANDAGAL

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THE STATE OF KARNATAKA THROUGH KARWAR TOWN POLICE STATION REP BY THE PSI UTTARA KANNADA KARWAR THROUGH PSI PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENCH DHARWAD.

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…RESPONDENT

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(BY SMT. GIRIJA S. HIREMATH, HCGP)

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THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN SESSIONS CASE NO.16/2023 ON THE FILE OF THE PRL. DIST AND SESSIONS JUDGE, UTTARA KANNADA KARWAR, FOR THE OFFENCES ALLEGED U/S 451, 170, 342, 395 OF IPC AND SEC. 3 AND 5 OF INDIAN ARMS ACT OF THE INDIAN ARMS ACT, 1959, PENDING TRIAL OF THE

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2 - NC: 2023:KHC-D:11915 CRL.P No. 101931 of 2023

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SAID CASE, WHO IS IN JUDICIAL CUSTODY IN THE ABOVE SAID CASE.

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

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ORDER

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Petitioner who is arraigned as accused No.1 has filed this petition under Section 439 of Criminal Procedure Code (for short, “Cr.P.C”) to grant him bail in S.C.No.16/2023 on the file of the Prl. District and Sessions Judge, Uttar Kannada, Karwar, for the offences punishable under Sections 451, 170, 342 and 392 of Indian Penal Code (for short, “IPC”) r/w 3 and 25 of Indian Arms Act.

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In support of his petition, petitioner has contended that there is in-ordinate delay of 8 years in arresting the petitioner and delay is not properly explained. After conducting detailed investigation and on finding no concrete evidence, the investigating officer has submitted ‘C’ report. Now, the case is re-opened only on the ground that the chance finger print obtained at the spot are tallying with the finger prints of petitioner stored

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3 - NC: 2023:KHC-D:11915 CRL.P No. 101931 of 2023

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in NAFIS finger print data. It is very weak evidence. As per the complaint averments case was registered against 4 unknown persons. There is no material to show that offence under Section 392 of IPC is made out.

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2.1. There are no allegations of the accused persons having caused any injury to the inmates. There are no specific allegations of overacts against the petitioner. Nothing is recovered from him. The test identification period is conducted after inordinate delay. The allegations against the petitioner and others are required to be proved at the trial. Petitioner is coming from respectable family. He is suffering from Hepatitis B and trauma due to head injury. He is ready and willing to abide by any conditions that may be imposed and offer substantial sureties to the satisfaction of the trial Court and prays to allow the petition.

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Learned High Court Government Pleader submitted oral objections stating that complainant is businessman dealing in gold and silver. On 13.03.2015 at

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1.30 p.m. he, his wife and daughter-Sunaina were having lunch in their house. His servant Dinesh had gone to pick up his younger daughter-Sreejel from St.Micheal School, Karwar and therefore, they had kept open the main door. Suddenly, 4 unknown persons aged 30-35 years entered into their house. They were wearing identity cards in their neck and speaking in Hindi. When they questioned they said that they are Income Tax Officer from Delhi Special Branch. They demanded the complainant to show his Income Tax File.

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3.1. When he went upstairs to bring the file, they

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followed him. Despite he showing the Income Tax File, they put him to fear by brandishing a pistol. They tied him to a chair with gum tap and also taped his mouth. Similarly, they confined his other family members in different rooms with gum tap. His younger daughter and son who came later were also tied in different rooms. The

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said person took away the gold ornament, cash, coral, diamond jewels etc., At around 3.15 p.m. the complainant

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and others freed themselves and verified the missing the

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gold, silver, diamond jewelry, corals and cash etc.

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3.2. In respect of the said incident, complaint was

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lodged against 4 unknown persons. The services of the dog squad, fingerprint expert were pressed into the service. Despite detailed investigation, the whereabouts of accused could not be found out and therefore, ‘C’ report was filed. However, after the creation of National Automated Fingerprint Identification System (NAFIS), the chance finger print lifted at the spot were sent to the said institution and 2 fingerprints matched with the petitioner. Based on it, the permission of the trial Court was taken to proceed against the petitioner. Accordingly, PSI-Nihal Khan and ASI-Gajanana Narvekar and CPC 1979 Nagarajagouda were deputed in search on him.

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3.3. On 15.03.2023, the petitioner was arrested within the jurisdiction of Thane Police Station, Mumbai and

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was produced before the CJM Court. He was taken to police custody for 7 days. In the test identification parade

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the complainant and other witnesses have identified the petitioner. During interrogation, petitioner revealed that along with him 4 other persons are involved in the crime in question. Accordingly, section 395 IPC is added. Further investigation is being conducted to apprehend the remaining accused.

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3.4. From the date of incident petitioner and other accused have absconded. They are involved in several other offences. There is prima facie material to connect petitioner with the alleged crime. If released on bail there is every likelihood of petitioner once again absconding and protracting the proceedings and there by defeating the trial and prays to dismiss the petition.

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4. Heard arguments and perused the records.

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As evident from the complaint averments, complainant is businessman dealing in gold and silver. On 13.03.2015, accused persons including the petitioners have gone to his house acting as Income Tax Officers and

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demanded to see the Income Tax file. When the complainant went upstairs to get the file, they also followed him. After tying the complainant and his family members in separate rooms with gum tap they have committed dacoity by showing pistol and stolen gold, silver, diamond, coral and other precious stones and cash totally worth Rs.30,45,000/-.

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5.1. Based on the complaint, though the concerned police registered the case and taken up investigation, they could not apprehend the culprits. Ultimately, a ‘C’ report was filed. Only after the chance fingerprints lifted from the spot came to be matched with the fingerprints of the petitioner through NAFIS, case was re-opened and he was apprehend. The material placed on record, show that petitioner is involved in several criminal cases. In fact he has been convicted and has undergone sentence for several years.

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5.2. Though he claims to be a successful businessman, fact remains that he has not only involved in

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the present case and several other cases. There is prima facie material on record to connect him to the crime in question.

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5.3. Having regard to his track record of successfully

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absconding since from 8 years, it is obvious that, if granted bail he would once again abscond and it would be difficult for the concerned police to secure his presence, especially when he is the resident of Mumbai. For these reasons, this Court is of the considered opinion that petitioner is not entitled for bail and accordingly, the following:

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ORDER

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Petition filed by petitioner/accused No.1 under

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Section 439 Cr.P.C. is herby rejected.

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SD/JUDGE

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AC List No.: 1 Sl No.: 9

Jagadish Bhavarlal Daya v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Jagadish Bhavarlal Daya v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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