Criminal Bail Petition filed under Section 439 Cr.P.C. denying bail to accused charged with robbery, cheating, and attempted murder, dismissing the petition due to offense seriousness.
Petition for bail under Section 439 Cr.P.C. was dismissed.
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NC: 2024:KHC:26705 CRL.P No. 5716 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 5716 OF 2024
BETWEEN:
MR. JOSHI R. THOMAS, S/O K.A. THOMAS, AGED ABOUT 55 YEARS, R/AT KOKKATTIL HOUSE, ELINJIPARA, TRISSUR DIST., KERALA - 680 721.
…PETITIONER
(BY SRI. MAHESH M, ADVOCATE)
Digitally signed by AND: YAMUNA K L Location: High STATE OF KARNATAKA Court of BY K.R. PURAM POLICE STATION, Karnataka REP. BY STATE PUBLIC PROSECUTOR.
…RESPONDENT
(BY SMT. K.P. YASHODHA, HCGP)
THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO RELEASE HIM ON BAIL IN C.C.NO.54296/2024 (ARISING OUT OF CR.NO.75/2024) FOR THE OFFENCE P/U/S 395, 463, 307, 420, 419, 504, 506 R/W 34 OF IPC OF K.R.PURAM POLICE STATION, ON THE FILE OF XXIX ADDL.C.M.M., MAYO HALL, BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner-accused No.4 is before this Court seeking grant of bail under Section 439 of Cr.P.C., in Crime No.75/2024 of K.R.Puram Police Station, pending in C.C.No.54296/2024 on the file of the learned XXIX Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru City, registered for the offences punishable under Sections 395, 463, 307, 420, 419, 504, 506 read with Section 34 of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant Sri. Hemaraj.
“Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?”
NC: 2024:KHC:26705 CRL.P No. 5716 of 2024
My answer to the above point is in ‘negative’ for the following:
R E A S O N S
certificate discloses that the injured had sustained two abrasions over his leg, which are simple in nature. After investigation, the charge sheet is filed. As per the charge sheet, the jewels which were robbed from the jewelry shop were recovered at the instance of accused Nos.1 to 4. The complainant and C.Ws.2 to 7 are the eye-witness and they have identified the accused.
the same. The first information itself was lodged against five persons and accused No.5 is still absconding.
ORDER
The petition is dismissed.
Sd/JUDGE
GPG CT: BHK
1 issue framed by the court
Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?
2 provisions across 2 enactments
Mr. Joshi R. Thomas
State of Karnataka
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
