Dismissed

Ravi Aliyas Bhayjan S/O Navalsingh Sengar v. State of Karnataka

Karnataka HC19 Jul 2024CRL.P/101609/2024

Case brief

AI extract

What is this about?

The High Court rejected a Criminal Petition under Section 439 Cr.P.C. filed for regular bail. The court held that considering the overt acts recorded in the charge sheet, identification parade, and recovery of stolen items, granting bail to the accused in a theft case was not appropriate.

What did the court decide?

The bail petition was rejected; the petitioner was denied bail.

Ravi Aliyas Bhayjan S/O Navalsingh Sengar Vs State of… — Bail and Remand | Karnataka HC (2024)

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NC: 2024:KHC-D:10050 CRL.P No. 101609 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 19^TH DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 101609 OF 2024 (439-)

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BETWEEN:

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RAVI ALIYAS BHAYJAN S/O NAVALSINGH SENGAR AGE: 22 YEARS, OCC: CLEANER , R/O: GHERA TALUK, KUKSHI, DHAR, STATE: MADHYA PRADESH.

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…PETITIONER

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(BY SRI. SRINIVAS B. NAIK, ADVOCATE)

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AND:

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STATE OF KARNATAKA REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA DHARWAD BENCH THROUGH NAVALAGUND POLICE STATION DISTRICT GADAG 580011

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…RESPONDENT

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CHANDRASHEKAR LAXMAN KATTIMANI

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HIGH COURT OF KARNATAKA

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(BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP)

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THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER / ACCUSED NO. 1 IN NAVALGUND POLICE STATION CRIME NO. 190/2023 ON THE FILE OF ADDITIONAL CIVIL JUDGE (JR.DN) AND JMFC NAVAGALGUND DHARWAD REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 392, 394, 397 OF IPC.

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

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NC: 2024:KHC-D:10050 CRL.P No. 101609 of 2024

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ORDER

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Heard Sri Srinivas B.Naik, learned counsel for the petitioner and Smt. Kirtilata R.Patil, learned High Court Government Pleader for the respondent-State.

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The petitioner is before this Court seeking regular bail in Crime No.190/2023 of respondent Police Station, for the offences punishable under Sections 392, 394 and 397 of Indian Penal Code.

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It is the case of the complainant that the on 01.11.2023, when he was sleeping in his house, he heard the sound of entering some people inside the house and when he came out from the room, he noticed four persons were in the house. They were speaking in Hindi language and threatened him and asked him to give the treasury key. When he said that he had no key with him, they asked him to sit quite and opened the treasury with iron rod and committed theft of 1 kg. silver tumbler, two tolas gold, one Roalx company watch and another Rado watch. The said incident had happened around 4.00 am. The complainant was waiting till morning and informed the neighbours regarding the incident and thereafter, lodged a

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3 - NC: 2024:KHC-D:10050 CRL.P No. 101609 of 2024

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complaint before the police. The police after registering the case in crime No.190/2023 for the offences stated supra, conducted investigation and submitted the charge sheet.

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It is the submission of the learned counsel for the petitioner that the petitioner is innocent of the alleged offences and he has been falsely implicated in this. The petitioner is the permanent resident of Madhya Pradesh and working as a cleaner and he will abide the conditions imposed by this Court, in the event of his release on bail.

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It is further submitted that though the alleged incident had taken place at his instance, the complainant has not produced any documents to show that he was the owner of the said properties. The said items were released to the custody of the complainant in police station. The police have deliberately and intentionally filed a false case only for the statistical purpose and therefore, the petitioner may be enlarged on bail by imposing suitable conditions. Making such submission, the learned counsel for the petitioner prays to allow the petition.

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Per contra, learned High Court Government Pleader vehemently opposed the bail petition and submitted that the

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4 - NC: 2024:KHC-D:10050 CRL.P No. 101609 of 2024

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petitioner being a habitual offender is facing one more similar case, pending before the same Court. If he is released on bail, there may be chances of committing similar offences. Therefore, the petitioner is not entitled for bail. Making such submission, the learned HCGP prays to dismiss the petition.

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Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet and the complaint averments, which disclose that the complainant was alone in his house on 01.11.2023. The petitioner herein and others entered into the house and committed theft of articles stated supra. The said articles have been recovered at his instance and they have seized and handed over to the complainant and the identification parade has also been done. Having considered the overtact of the petitioner herein, it is not appropriate to grant him bail.

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Hence, I proceed to pass the following:-

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ORDER

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The petition is rejected.

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Sd/JUDGE

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VMB CT: CNB

Ravi Aliyas Bhayjan S/O Navalsingh Sengar v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Ravi Aliyas Bhayjan S/O Navalsingh Sengar v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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