Allowed

Chiranjeevi v. State by Rmc Yard Police

Karnataka HC6 Apr 2023CRL.P/1051/2023

Case brief

AI extract

What is this about?

This court allowed an application for anticipatory bail under Section 438 Cr.P.C. The petitioners were implicated in a robbery and cheating case. The court directed them to submit to investigation, including limited custodial interrogation, and provided specific conditions for bail.

What did the court decide?

Anticipatory bail granted subject to conditions including joining investigation on 18.04.2023, undergoing custodial interrogation, furnishing mobile and SIM details, paying bond of Rs.2,00,000 with su

Chiranjeevi Vs State by Rmc Yard Police — Cheating and Forgery | Karnataka HC (2023)

¶1

1 - CRL.P No. 1051 of 2023

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 6^TH DAY OF APRIL, 2023

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE V SRISHANANDA

¶6

CRIMINAL PETITION NO. 1051 OF 2023

¶7

BETWEEN:

¶8

CHIRANJEEVI S/O KODANDAPPA, AGED ABOUT 29 YEARS, COOLIE WORK, YALLAPURA VILLAGE, HARAPANAHALLI TALUK, VIJAYANAGARA DISTRICT.

¶9

H C NAGENDRAPPA @ CHITTY S/O CHANDRAPPA 32 YEARS, COOLIE WORK, HOSUR VILLAGE, SHIVAMOGGA TALUK.

¶10

…PETITIONERS

¶11

(BY SRI. RAJU C N., ADVOCATE)

¶12

AND:

¶13

Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA

¶14

STATE BY RMC YARD POLICE DAVANAGERE REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE 560001

¶15

(BY SRI. S. VISHWA MURTHY, HCGP)

¶16

…RESPONDENT

¶17

THIS CRL.P IS FILED U/S 438 PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.76/2022 OF RMC YARD P.S., DAVANAGERE DISTRICT FOR THE OFFENCE P/U/S 420,392 OF IPC ON THE FILE OF THE III A.A.C.J AND J.M.F.C DAVANAGERE. THE II ADDL.DISTRICT AND SESSIONS JUDGE,

¶18

¶19

CRL.P No. 1051 of 2023

¶20

DAVANAGERE HAS REJECTED THE BAIL PETITION ON 17.12.2022 IN CRL.MISC.NO.1337/2022.

¶21

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

¶22

ORDER

¶23

Heard Sri. Raju C.N, learned counsel for the petitioners and Sri. S. Vishwa Murthy, learned High Court Government Pleader for the respondent-State. Perused the records.

¶24

Present petition is filed under Section 438 of Cr.P.C. with the following prayer:

¶25

"WHEREFORE the petitioners above named most humbly prays that this Hon'ble court may be pleased to enlarge the petitioners on anticipatory bail in the event of their arrest in crime No.76/2022 of RMC Yard police Davanagere, on the file of 3rd AACJ & JMFC Davanagere for the offence punishable under Section 420 and 392 of IPC. By allowing this petition in the interest of justice ."

¶26

The brief facts of the case are as under:

¶27

The Ibrahim S/o T. Dastagiri, lodged a complaint with

¶28

RMC Yard Police Station, Davangere on 13.10.2022, which

¶29

3 - CRL.P No. 1051 of 2023

¶30

was registered in Crime No.76/2022 for the offence punishable under Sections 420 read with Section 392 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’ for short) against the petitioners.

¶31

Gist of the complaint averments reveals that on 07.10.2022 at about 3.30. p.m. the complainant received a telephone call from Mobile No.9036751900 and person spoke to him in Tamil language introducing himself as Kumar and enquired about the sale of beds. He also informed that he has got beds manufactured and he would be selling the same at a least possible price. In that regard, on 12.10.2022, the complainant and Rafeeq kept about Five lakhs Rupees between them and left Pondicherry and reached Bengaluru and called the said Mobile No. 9036751900 and enquired as to where they should contact them. Thereafter, they were directed to take a ticket for Harihara and to get down at Davanagere. The complainant and another person boarded the bus and got down at Davangere at about 9.30 am. Again they contacted the aforesaid mobile number and on directions by the said person, they reached Hundai Car Show room in

¶32

¶33

CRL.P No. 1051 of 2023

¶34

an auto rikshaw situated in Havalagere of P.B. Road. Again they contacted the said mobile number and the person told them to come to a lonely road. When they reached the said place, they noticed two persons and they were conversing with them, at that juncture, two person came in a Honda Unicorn Bike around 11.00 a.m and forcibly snatched the cash, which was kept with them.

¶35

After registering the case, police investigated the matter and apprehended accused Nos.1 and 2 and recovered the cash from their custody. The present petitioners are shown as accused Nos.3 and 4.

¶36

The attempt made by the petitioners to obtain an order of grant of anticipatory bail was turned down by the II Additional District and Sessions Judge, Davanagere in Crl.Misc.No.1337/2022 by order dated 17.12.2022. Thereafter, the petitioners are before this Court.

¶37

Sri. Raju. C.N, learned counsel for the petitioners reiterating the grounds urged in the bail petition vehemently contended that since already the cash is recovered from the custody of accused Nos.1 and 2 and

¶38

¶39

CRL.P No. 1051 of 2023

¶40

based on the statement made by the co-accused persons,

¶41

these accused persons have been arraigned as accused Nos. 3 and 4 and seek for grant of bail.

¶42

Per contra, learned High Court Government Pleader however opposes for grant of anticipatory bail.

¶43

In the light of the rival contentions, this Court perused the materials on record meticulously.

¶44

On such perusal of material on record, the allegations

¶45

against these two persons are that they were conversing with the complainant and his friend on the alleged date and time of incident.

¶46

It is further found from the material on record that the petitioners are not having any criminal antecedents. Since the robbed money is already recovered from accused Nos. 1 and 2 and also taking note of the fact that the petitioners are not available to the investigating agency from the date of registration of the case, directing the petitioners to join the investigation and to undergo limited custodial interrogation will meet the ends of justice.

¶47

¶48

CRL.P No. 1051 of 2023

¶49

12. Accordingly, this Court passes the following:

¶50

O R D E R

¶51

i. The Criminal Petition is allowed .

¶52

ii. The petitioners are directed to join the investigation by appearing before the investigation officer on 18.04.2023 at 10.00 a.m.

¶53

iii. The investigating officer is at liberty to take them to custody and complete the custodial investigation on the same day before 7.00 p.m.

¶54

iv. The petitioners are directed to co-operate with the investigation agency including in furnishing the mobile telephone hand set and the sim cards and such other details as is required by the investigation agency. Thereafter, the petitioners have to be enlarged on bail by taking a bond for a sum of Rs.2,00,000/(Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the trial Court;

¶55

iv. Petitioners shall mark their attendance before the investigating agency every alternate Sunday between 10.00 a.m. to 2.00 p.m. till the final report is filed.

¶56

v. Petitioners shall attend the Court regularly;

¶57

¶58

CRL.P No. 1051 of 2023

¶59

vi. Petitioners shall not tamper with the prosecution witnesses directly/indirectly;

¶60

If any of the above conditions are violated, the prosecution is at liberty to seek cancellation of this bail order.

Ordered accordingly.

Sd/JUDGE

List No.: 1 Sl No.: 59

Chiranjeevi v. State by Rmc Yard Police

Case brief

What is this about?

What did the court decide?

Chiranjeevi v. State by Rmc Yard Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Raju @ Kerala Vs State of Karnataka by

Sri Kiran Kumar Vs the State of Karnataka

Sri Ashokkumar Nayak @ Ganesha Vs State by Station House Officer Huliyar Police Station

Mr Joseph Francis Rensen Vs State of Karnataka

Shivaraju @ Kulla Shiva Vs State of Karnataka

Kaifulla Khan @ Khaif Vs State of Karnataka