Allowed

Sunil @ Tipper Sunil v. the State of Karnataka

Karnataka HC18 Nov 2023CRL.P/9889/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a criminal bail petition filed under Section 439 Cr.P.C. The petitioner faced charges of robbery (Section 395, 397 IPC). The court held that since charges were not punishable with death or life imprisonment, bail should be granted subject to specific conditions.

What did the court decide?

Petitioner directed to be enlarged on bail subject to personal bond of Rs. 1 lakh with two sureties, regular appearance, no tampering with witnesses, no similar offences, no leaving jurisdiction, and

Sunil @ Tipper Sunil Vs the State of Karnataka — Bail and Remand | Karnataka HC (2023)

¶1

¶2

NC: 2023:KHC:41404 CRL.P No. 9889 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 18^TH DAY OF NOVEMBER, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

¶7

CRIMINAL PETITION NO. 9889 OF 2023

¶8

BETWEEN:

¶9

SUNIL @ TIPPER SUNIL AGED 37 YEARS S/O SUGUNAN R/O KILAKEKOLLAM PARAMBU HOUSE, CHERTHALA SOUTH POST HARI FARAMBA, ALAPPZHA DISTRICT, KERALA STATE - 688 001.

¶10

…PETITIONER

¶11

(BY SRI BALASUBRAMANYA B.N, ADV.)

¶12

AND:

¶13

Digitally signed by B A KRISHNA KUMAR Location: HIGH COURT OF KARNATAKA

¶14

THE STATE OF KARNATAKA BY SRIRANGAPATNA TOWN POLICE REP. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BANGALORE - 560 001.

¶15

…RESPONDENT

¶16

(BY SRI RANGASWAMY R, HCGP)

¶17

THIS CRL.P FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.153/2023 REGISTERED BY SRIRANGAPATNA POLICE STATION, MANDYA FOR THE OFFENCE P/U/S 395 OF IPC PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE (JR.DN.) AND J.M.F.C., S.R.PATNA, MANDYA.

¶18

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

¶19

¶20

NC: 2023:KHC:41404 CRL.P No. 9889 of 2023

¶21

ORDER

¶22

Accused No.2 in Crime No.153/2023 registered by Srirangapatna Police Station, Mandya District, for the offences punishable under Sections 395 and 397 of IPC, is before this Court under Section 439 of Cr.P.C.

¶23

Heard the learned counsel for the parties.

¶24

On the basis of the complainant dated 28.07.2023 lodged by Sri. Abdul Majeed S/o Sri. Ahmed Kunni, FIR in Crime No.153/2023 was registered by Srirangapatna Police Station, Mandya, for the aforesaid offences against unknown five to six persons. During the course of investigation of the case, the petitioner was arrested on 11.08.2023. Investigation is completed and chargesheet has been filed and petitioner is arraigned as accused No.2 in the case. His bail application filed before the III Addl. District and Sessions Judge, Mandya, in Crl. Misc. No.5281/2023 was rejected on 07.09.2023. Therefore, he is before this Court.

¶25

Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that there is no recovery from the petitioner herein. Investigation in the case is

¶26

¶27

NC: 2023:KHC:41404 CRL.P No. 9889 of 2023

¶28

complete and charge sheet has been filed. The petitioner is ready to abide by conditions to be imposed by this Court. Accordingly, he prays to allow the petition.

¶29

Per contra, learned HCGP opposes the bail petition and submits that the petitioner is a person, who has got antecedents. He hails from Kerala State. Therefore, it would be difficult to secure his presence. Accordingly, he prays to dismiss the petition.

¶30

In the complaint dated 28.07.2023, complainant

¶31

has averred that he is a vegetable merchant and also owns a buffalo calves farm and for the purpose of purchase of vegetables and buffalo calves, he often visits Gundlupete, Nagamangala, Gudamanda and other places. On 27.07.2023, he along with his friends had gone to Andhrapradesh in his car bearing No.KL-57/M-1496 for the purpose of purchase of buffalo calves and while returning back from Andhra Pradesh on the way, their car was intercepted on 28.07.2023, at about 02.45 p.m. near Srirangapatna Cauvery Bridge by the accused persons, who came in a Innova car. He has stated that the accused persons, who were five to six in number had covered

¶32

4 - NC: 2023:KHC:41404 CRL.P No. 9889 of 2023

¶33

their faces with black clothes and they assaulted the complainant and his friends with iron rods and robbed cash of Rs.10,200/-, which was in the dash board of the car and also took away their Rado watch, mobile phones and the car belonging to them.

¶34

During the course of investigation, the petitioner was arrested on 11.08.2023 and in his remand application, totally 13 persons have been arraigned as accused. In the complaint, it is very specifically stated that only six persons had come in an Innova Car to the spot of incident. Investigation in the case is complete and charge sheet has been filed. Chargesheeted offences are not exclusively punishable with death or imprisonment for life. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is to be answered affirmatively, subject to imposing conditions.

¶35

Accordingly, the petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.153/2023 registered by Srirangapatna Police Station, Mandya District, for

¶36

¶37

NC: 2023:KHC:41404 CRL.P No. 9889 of 2023

¶38

the offence punishable under Sections 395 and 397 of IPC, subject to the following conditions:

¶39

a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties, out of which, one shall be a local surety, for the likesum,

¶40

to the satisfaction of the jurisdictional Court;

¶41

b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

¶42

c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

¶43

d) The petitioner shall not involve in similar offences in future;

¶44

e) 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.

¶45

¶46

NC: 2023:KHC:41404 CRL.P No. 9889 of 2023

¶47

f) The petitioner shall attend and mark his attendance before the SHO of Srirangapatna Police Station on first Sunday of every month between 10.00 a.m. and 5.00 p.m. till the case against him is disposed off.

¶48

SD/JUDGE

¶49

Sunil @ Tipper Sunil v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sunil @ Tipper Sunil v. the State of Karnataka

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

Nataraju Vs State of Karnataka

Mrs. Shirin Rose Tharcies Vs State by Inspector of Customs

Moideen Rasheed Vs the State of Karnataka

Smt Nandini Vs the State of Karnataka

Santhosh Kumar Vs State of Karnataka

Sri Surendra Vs State by Mandya West