Allowed

Sri. Mahesh Kumar v. the State of Karnataka

Karnataka HC6 Mar 2023CRL.P/451/2023

Case brief

AI extract

What is this about?

The High Court allowed the anticipatory bail petition. Despite the petitioner being shown as an absconder in a dacoity case, the Court granted bail due to lack of criminal antecedents, directing the petitioner to join the investigation and adhere to strict conditions preventing tampering and unauthorized movement.

What did the court decide?

Petitioner directed to join investigation, be enlarged on bail with bond of Rs. 1,00,000 and one lakh sureties, attend court regularly, and not leave jurisdiction without permission.

Sri. Mahesh Kumar Vs the State of Karnataka — Anticipatory Bail | Karnataka HC (2023)

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CRL.P No. 451 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL PETITION NO. 451 OF 2023

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BETWEEN:

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SRI. MAHESH KUMAR S/O KRISHNAPPA, AGED ABOUT 28 YEARS, R/AT VADERAHALLI VILLAGE, KENGERI HOBLI -560060, BANGALORE SOUTH TALUK.

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…PETITIONER

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(BY SRI. BASAVANNA M D., ADVOCATE)

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AND:

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Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA REP.BY KAGGALIPURA POLICE STATION, BANGALORE, BY ITS PUBLIC PROSECUTOR, CITY CIVIL COURT COMPOUND BANGALORE-01.

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…RESPONDENT

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(BY SRI VINAYAKA.V.S, HCGP)

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THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.418/2022 FOR THE OFFENCE P/U/S 399,402 OF IPC ON THE FILE OF THE II ACJM, BANGALORE RURAL DISTRICT, BANGALORE.

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CRL.P No. 451 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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Heard Sri M.D. Basavanna, learned counsel for the petitioner and Sri Vinayaka V.S., learned High Court

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Government Pleader.

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Petition is filed under Section 438 Cr.P.C. with the following prayer:

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"Wherefore, the petitioner most respectfully

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prays that this Hon'ble Court be please to grant him an order of anticipatory bail in Crime No.418/2022 for an offence punishable under section 399 and 402 of IPC pending on the file of second additional chief judicial magistrate, Bangalore Rural District, at Bangalore, of the respondent police and to grant such other relief/s, in the interest of justice and equity."

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Petitioner is shown as accused No.6 in

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Cr.No.418/2022 by Kaggalipura Police Station for the offences punishable under Section 399 and 402 IPC. In the raid conducted by the head of the raid party, on credible information, the petitioners and others were preparing to

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3 - CRL.P No. 451 of 2023

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commit dacoity, petitioner was escaped from the scene, and on enquiry with the co-accused persons, the name of the petitioner is taken out by the persons who have been captured by the head of the raid party and thereafter petitioner has been shown as an accused.

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Attempt made by the petitioner to obtain anticipatory bail is turned down by the learned District Judge by order dated 17.12.2022 in C.Mis.No.2233/2022 and thereafter petitioner is before this Court.

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Absconding of the accused has scuttled in the investigation process. In the mean time, the persons who were arrested, have been enlarged on bail by the learned District Judge.

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Taking note of these aspects of the matter, directing the petitioner to join the investigation would facilitate

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the investigation process and also protect the right of the petitioner, more so, when there are no criminal antecedents insofar as the petitioner is concerned.

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CRL.P No. 451 of 2023

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Accordingly, without further discussion on the merits of the matter, following order is passed.

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ORDER

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The criminal petition is allowed .

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Petitioner is directed to join the investigation by appearing before the Kaggalipura Police on 17.03.2023 at 10.00 a.m.

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The Investigating Officer is at liberty to take the petitioner to custody and complete the custodial investigation if any, on the same day before 6.00 p.m.

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The petitioner shall co-operate with the Investigating Agency in all aspects of the matter including furnishing signature and thumb impression etc., Thereafter, the petitioner be enlarged on bail, by taking a bond in a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum.

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Petitioner shall attend the Court regularly.

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CRL.P No. 451 of 2023

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Petitioner shall mark his attendance before the Investigating Officer on every alternate Sunday between 10.00 am and 2.00 pm., till the final report is filed.

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Petitioner shall not directly or indirectly tamper the prosecution evidence or hamper the investigation process in any manner.

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Petitioner shall not leave the jurisdiction of Ramanagar District without prior permission.

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Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail.

Ordered accordingly.

Sd/JUDGE

List No.: 1 Sl No.: 80

Sri. Mahesh Kumar v. the State of Karnataka

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Sri. Mahesh Kumar v. the State of Karnataka

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