Allowed

Joshwa I v. State by Hsr Layout Police Station

Karnataka HC17 Nov 2023CRL.P/9348/2023

Case brief

AI extract

What is this about?

In Criminal Bail Petition No.9348 of 2023, the High Court of Karnataka allowed the petitioner's bail application regarding offences of extortion, criminal intimidation, cheating, and criminal breach of trust, directing him to execute a personal bond with sureties and comply with specified conditions.

What did the court decide?

The petitioner was directed to be enlarged on bail subject to execution of personal bond of Rs. 1,00,000 with two sureties and compliance with specific conditions.

Joshwa I Vs State by Hsr Layout Police Station — Cheque Dishonour | Karnataka HC (2023)

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1 - NC: 2023:KHC:41078 CRL.P No. 9348 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF NOVEMBER, 2023 BEFORE

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THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY CRIMINAL PETITION NO.9348 OF 2023

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BETWEEN:

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JOSHWA .I S/O LATE IRUDAYA RAJ AGED ABOUT 25 YEARS R/AT NO.25, IST FLOOR SHEIK MUNAWAR BUILDING 5TH CROSS, OLD GURUPPANAPALYA BTM 1ST STAGE, BENGALURU 560076.

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Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA

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ALSO AT: NO.26, 4TH A MAIN ROAD NW GURUPPANAPALYA BANNERGHATTA ROAD BENGALURU SOUTH BENGALURU 560029.

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…PETITIONER

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

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AND:

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STATE BY HSR LAYOUT POLICE STATION BENGALURU 560102 REP BY HCGP HIGH COURT BUILDING BENGALURU 560001.

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…RESPONDENT

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(BY SRI. RAHU RAI K, HCGP)

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THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.372/2023 FOR THE ALLEGED OFFENCE U/S 397 AND 506 OF IPC, REGISTERED BY HSR LAYOUT POLICE STATION, BENGALURU, NOW PENDING ON THE FILE OF HONBLE 37TH ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU & ETC.

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NC: 2023:KHC:41078 CRL.P No. 9348 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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Accused No.1 in Crime No.372/2023 registered by

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HSR Layout Police Station, Bengaluru City for the offences punishable under Sections 397, 506, 120B, 411 of IPC, is before this Court under Section 439 of the Code of Criminal Procedure, 1973.

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Heard the learned counsel for the parties.

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FIR in Crime No.372/2023 was registered by

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HSR Layout Police Station, Bengaluru City, initially for the offences punishable under Sections 506 and 397 of IPC on the basis of the complaint dated 21.08.2023 lodged by Smt.Sangeetha. In the complaint it is averred that on 21.08.2023 at about 11.50 a.m. somebody rang the door bell of the complainant's house and when the complainant opened the door, she found a person aged about 25 to 30 years outside the door and the said person threw chilly powder on the face of the complainant, assaulted her with

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3 - NC: 2023:KHC:41078 CRL.P No. 9348 of 2023

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knife and asked her to hand over her gold jewelry to him; he threatened her with dire consequence and therefore, the complainant handed over her ear rings and finger rings to the said person. Thereafter, the said person left the spot after criminally intimidating the complainant. The complainant thereafter went to hospital and took treatment for the injuries suffered by her and subsequently approached the police and lodged the complaint which had resulted in registering of FIR in Crime No.372/2023. During the course of investigation of the case, petitioner was arrested on 28.08.2023. Investigation of the case is completed and charge sheet has been filed. Petitioner's bail application filed before the trial Court in Crl.Misc.No.8597/2023 was dismissed on 14.09.2023. Therefore, the petitioner is before this Court.

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Learned counsel for the petitioner, having reiterated the grounds urged in the petition, submits that the petitioner has no criminal antecedents and he has been falsely implicated in the case. The petitioner is in

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NC: 2023:KHC:41078 CRL.P No. 9348 of 2023

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custody since 28.08.2023. Investigation in the case is completed and charge sheet has been filed. Accordingly, he prays to allow the petition.

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Per contra, learned High Court Government

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Pleader opposed the bail application.

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The material on record would goes to show that the FIR in Crime No.372/2023 was initially registered against unknown person on the basis of the complaint lodged by Smt.Sangeetha. During the course of investigation, petitioner was arrested on 28.08.2023. The gold ornaments, which were allegedly robbed by the petitioner, has been seized based on his confession statement. Accused Nos.2 to 5, who are allegedly the receivers of the stolen articles, were also arrested. Undisputedly, the petitioner has no criminal antecedents. Investigation in the case is completed and charge sheet has been filed. The offences alleged against the petitioner are not exclusively punishable either with death or with life imprisonment. Under these circumstances, I am of the

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5 - NC: 2023:KHC:41078 CRL.P No. 9348 of 2023

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opinion that the petitioner has made out a case for grant

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of bail. Accordingly, the following:

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ORDER

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The petition is allowed . The petitioner is directed to be enlarged on bail in Crime No.372/2023 registered by HSR Layout Police Station, Bengaluru City for the offences punishable under Sections 397, 506, 120B, 411 of IPC, subject to the following conditions:

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i. Petitioner shall execute personal bond for

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a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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ii. The petitioner shall appear regularly on all

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the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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iii. The petitioner shall not directly or indirectly threaten or tamper with the

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prosecution witnesses;

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6 - NC: 2023:KHC:41078 CRL.P No. 9348 of 2023

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iv. The petitioner shall not involve in similar

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offences in future;

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v. The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

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Sd/JUDGE

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BSR

Joshwa I v. State by Hsr Layout Police Station

Case brief

What is this about?

What did the court decide?

Joshwa I v. State by Hsr Layout Police Station

Case brief

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What did the court decide?

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