Allowed

Abhishek v. State Chitradurga Rural Police Station

Karnataka HC7 Aug 2023CRL.P/6298/2023

Case brief

AI extract

What is this about?

Petitioner filed criminal petition under Section 439 CrPC seeking bail in dacoity case registered by Chitradurga Rural Police. Court allowed bail subject execution of personal bond with sureties and adherence to specified conditions.

What did the court decide?

Petitioner released on bail subject to personal bond with two sureties and conditions regarding witness tampering, similar offences, trial delay, and jurisdiction.

Abhishek Vs State Chitradurga Rural Police Station — Cheating and Forgery | Karnataka HC (2023)

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NC: 2023:KHC:27713 CRL.P No. 6298 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07^TH DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR. JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 6298 OF 2023

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BETWEEN:

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ABHISHEK S/O SRI. SHANKARACHARI, AGED ABOUT 21 YEARS, R/AT NEAR WATER TANK, 11^TH CROSS, IUDP LAYOUT, CHITRADURGA TOWN, CHITRADURGA - 577501.

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…PETITIONER

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(BY SRI. GIREESHA R.J., ADVOCATE)

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AND:

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STATE BY CHITRADURGA RURAL POLICE STATION, CHITRADURGA - 577 501, REPRESENTED BY HCGP, HIGH COURT BUILDING, BENGALURU - 560001.

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Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA

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(BY SRI. P. THEJESH, HCGP)

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…RESPONDENT

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THIS CRL.P. IS FILED UNDER SECTION 439 OF CRIMINAL PROCEDURE CODE OF 1973, PRAYING TO ENLARGE HIM ON BAIL IN S.C.NO.35/2023 IN CR.NO.309/2022 FOR THE ALLEGED OFFENCES UNDER SECTIONS 395 AND 397 OF INDIAN PENAL CODE, REGISTERED BY CHITRADURGA RURAL POLICE STATION, BENGALURU, NOW PENDING ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA.

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NC: 2023:KHC:27713 CRL.P No. 6298 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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This petition is filed by the petitioner/accused No.2 under Section 439 of the Code of Criminal Procedure ('Cr.P.C.' for short) for granting regular bail in Crime No.309/2022 registered by Chitradurga Rural Police Station in S.C. No.35/2023 on the file of I Additional

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District and Sessions Judge, Chitradurga, for the offences punishable under Sections 395 and 397 of Indian Penal Code.

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Heard Sri. Gireesha R.J., learned counsel for the petitioner and Sri. P. Thejesh, learned High Court Government Pleader for the respondent-State.

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The case of the prosecution is that on the complaint of one Sri Siddaraju, the police registered a case against five unknown persons on 04.07.2022. It is alleged that the complainant along with CWs.2 and 3 were proceeding

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3 - NC: 2023:KHC:27713 CRL.P No. 6298 of 2023

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in lorry bearing No.KA-02-AG-1088 and after unloading the material from the lorry, when they were returning, they stopped the lorry near the Doddasiddavvanahalli bridge, Chitradurga for attending nature call, at that time, five unknown persons came in a autorickshaw and assaulted them with knife and snatched cash of `3,000/-, mobile phone, delivery bills etc.

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During the investigation, the police arrested this petitioner/accused No.2 and other accused persons on 04.07.2022 and remanded in judicial custody. Therefore, this petitioner filed bail application in Crl. Misc. No. 584/2023 before the I Addl. Dist. and Sessions Judge, Chitradurga, which came to be dismissed on 14.06.2023. Now, the petitioner is before this Court for grant of bail.

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Having heard the learned counsel appearing for the parties and perusal of records, especially order of bail granted by this Court in Crl.P. No.2304/2023, to accused No.1 and further case in Crl.P. No.1418/2022, whereby this Court granted bail to driver of the autorickshaw

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4 - NC: 2023:KHC:27713 CRL.P No. 6298 of 2023

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involved in the incident, and as per the prosecution, the other accused persons have snatched cash from the complainant and ran away in autorickshaw. This petitioner is in custody for more than one year. The co-accused persons were granted bail by this Court. The allegation made against the petitioner herein is lesser than the allegation made against other persons, in as much as, the other accused persons committed dacoity and ran away.

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Considering the facts and circumstances of the case, I am of the view that without expressing any opinion on the merits of the case and by imposing certain conditions, if the petitioner/accused No.2 is granted bail, no prejudice would be caused to the case of the prosecution. Hence, I pass the following:

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ORDER

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The criminal petition is allowed .

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The Committal Court/Trial Court is directed to release the petitioner/accused No.2 on bail in Crime

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NC: 2023:KHC:27713 CRL.P No. 6298 of 2023

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No.309/2022 (S.C. No.35/2023), subject to the following conditions:-

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Petitioner shall execute personal bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for likesum to the satisfaction of the Trial Court;

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

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ii) Petitioner shall not indulge himself in similar offences strictly;

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iii) Petitioner shall take the trial without causing any delay; and

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iv) Petitioner shall not leave the jurisdiction without prior permission of the Trial Court.

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If any of the conditions are violated, the prosecution

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is at liberty to file an application for cancellation of bail.

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SD/JUDGE

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sac

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List No.: 1 Sl No.: 5

Abhishek v. State Chitradurga Rural Police Station

Case brief

What is this about?

What did the court decide?

Abhishek v. State Chitradurga Rural Police Station

Case brief

What is this about?

What did the court decide?

What the court decided

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