The High Court dismissed the petitioner's bail petition seeking relief under Section 439 Cr.P.C. for an offence under Section 392 IPC, holding that the medical condition was not life-threatening, criminal antecedents existed, and release posed a risk to the trial's conclusion.
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NC: 2024:KHC-D:15823 CRL.P No. 102747 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 29TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 102747 OF 2024
BETWEEN:
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
SRI SAHIL ALIAS HUJJUALI JAFARI @ HUJJUALI S/O YASARALI AGE: 29 YEARS OCC: BUSINESSMEN, R/O: DIVANDI SHANTI NAGAR, IRANI HALL MUMBAI STATE: MAHARASHTRA PINCODE - 421 302.
…PETITIONER
(BY SRI S M KALWAD, ADVOCATE)
AND:
THE STATE OF KARNATAKA THROUGH DHARWAD SUB-URBAN PS HIGH COURT OF KARNATAKA BENCH AT DHARWAD REP. BY ITS STATE PUBLIC PROSECUTOR.
…RESPONDENT
(BY SMT. GIRIJA HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 439 OF Cr.P.C., SEEKING TO ENLARGE THE ACCUSED No.1/PETITIONER ON REGULAR BAIL IN CRIME No.404/2021 REGISTERED BY THE
DHARWAD SUB-URBAN POLICE STATION FOR THE OFFENCES PUNISHABLE U/S 392 OF IPC AND ETC.,
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MR.JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR)
This petition is filed by accused No.1 under Section 439 of Cr.P.C seeking bail in Crime No.404/2021 of DHarwad Sub-Urban Police Station for the offence punishable under Section 392 of the Indian Penal Code (hereinafter referred to as “IPC” for brevity).
color bike and forcefully snatched her gold mangalsutra weighing 35 grams, worth Rs.1,20,000/-. She resisted and made hue and cry but the accused persons went away with the gold ornament. The said complaint came to be registered in Crime No.404/2021 of Dharwad Sub-Urban Police Station for the offence punishable under Section 392 of IPC. The petitioner/accused No.1 came to be arrested on 05.01.2022 and another accused who is child is conflict with law has also been arrested on the same day. This petitioner is in judicial custody. The police after completing the investigation has filed the charge sheet against this petitioner/accused No.1 for the offence punishable under Section 392 of IPC. The petitioner has filed Criminal Miscellaneous No.256/2022 seeking bail and the same came to be rejected by learned II Additional District, Sessions and Special Judge, Dharwad by order dated 05.05.2022.
NC: 2024:KHC-D:15823 CRL.P No. 102747 of 2024
this Court by order dated 08.12.2022. The petitioner now has filed present petition seeking bail.
now suffering from infective /inflammatory arthritis of elbow. Considering the said aspect, he is entitled to grant of bail. He submits that trial is at conclusive stage and therefore, there is no threat to the prosecution witnesses. With this, he prays to allow the petition and grant bail to the petitioner –accused No.1.
Pleader would contend that the petitioner is involved in snatching the gold ornaments and theft of bikes and several cases are registered against him. She further submits that out of 28 witnesses, the prosecution has
already examined 25 witnesses and trial is at conclusive stage, if the petitioner is granted bail there are chances of the threatening remaining prosecution witness and flee from justice and not available for further trial. She further submits that as there are criminal antecedents, if petitioner is granted bail there are chances of again committing similar offences. With this, she prays for dismissal of the petition.
perused impugned order and charge sheet records.
treatment in Government hospital. Merely because the petitioner is in judicial custody is not a ground to grant bail since offence alleged against the petitioner is punishable with death or imprisonment for life. More, so there are criminal antecedents wherein the petitioner is involved in committing similar offence in 04 cases. The trial is at fag end, if the petitioner is granted bail there are chances of he absconding and not available for further trial. The petitioner –accused has not made out any grounds for grant of bail.
9. In the result, the petition is dismissed.
Sessions Judge is directed to dispose of the case at the earliest.
Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE
DSP
List No.: 19 Sl No.: 3
1 issue framed by the court
Whether the petitioner is entitled to regular bail on medical grounds and prolonged incarceration in a heinous offence case?
2 provisions across 2 enactments
Sri Sahil Alias Hujjali Jafari @ Hujjali
The State of Karnataka
Shivashankar Amarannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
