Allowed

Sri. Manjunatha @ Manju v. State by

Karnataka HC15 Oct 2024CRL.P/728/2024

Case brief

AI extract

What is this about?

Two accused in custody for over 16 months for house-breaking theft offences sought regular bail. Noting bail already granted to them in seven other cases, recovery made from a co-accused who had obtained bail, and that conditions could address prosecution's concerns, the High Court allowed the petition.

What did the court decide?

Petitioners enlarged on bail in SC.No.104/2023 subject to bonds of Rs.2,00,000 each with two sureties and attendance/behavioural conditions.

Sri. Manjunatha @ Manju Vs State by — Bail and Remand | Karnataka HC (2024)

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1 - NC: 2024:KHC:41497 CRL.P No. 728 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF OCTOBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 728 OF 2024

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BETWEEN:

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SRI. MANJUNATHA @ MANJU, S/O NANJUNDA, AGED ABOUT 28 YEARS, R/AT CHAMANAHALLI VILLAGE, MALUR POST, BANNUR HOBLI, T NARASIPURA TALUK, MYSURU DISTRICT, KARNATAKA - 571 101.

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Digitally signed by KAVYA R Location: High Court of Karnataka

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SRI GANESH P S/O PUTTASWAMY, AGED ABOUT 25 YEARS, R/AT CHAMANAHALLI VILLAGE, MALUR POST, BANNUR HOBLI, T NARASIPURA TALUK, MYSURU DISTRICT, KARNATAKA - 571 101. (BY SRI. N NANDAN., ADVOCATE)

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…PETITIONERS

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AND:

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STATE BY MAGADI P. S. MAGADI TALUK, RAMANAGARA DISTRICT, PIN - 562 120. REPRESENTED BY S.P.P. HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

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…RESPONDENT

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2 - NC: 2024:KHC:41497 CRL.P No. 728 of 2024

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(BY SRI.RAHUL RAI K., HCGP)

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THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO ALLOW THIS PETITION AND ORDER FOR THEIR RELEASE ON BAIL IN CR.NO.102/2023 OF MAGADI P.S., ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA IN S.C.NO.104/2023 FOR THE OFFENCE P/U/S 380,413 AND 454 OF IPC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused Nos.1 & 2 in SC.No.104/2023 pending

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before the Court of Principal District & Sessions Judge, Ramanagara, arising out of Crime No.102/2023 registered by Magadi Police Station, Ramanagara District for the offences punishable under Sections 380, 413 and 454 of IPC are before this Court under section 439 of Cr.P.C.

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Heard the learned counsel for the parties.

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FIR in Crime No.102/2023 was registered by

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Magadi Police Station, Ramanagara District against unknown persons initially for the offences punishable under Sections 454 and 380 of IPC on the basis of first

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3 - NC: 2024:KHC:41497 CRL.P No. 728 of 2024

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information dated 21.05.2023 received from V.Girish s/o Venkataramaiah.

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During the course of investigation of the said case, petitioners herein were arrested on 11.06.2023. Investigation in the case is completed and charge sheet has been filed for the aforesaid offences. Petitioners are arrayed as accused Nos.1 & 2 in the charge sheet. Bail application filed by them before the jurisdictional Sessions Court in Crl.Misc.No.1039/2023 was rejected on 20.12.2023. Therefore, they are before this Court.

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Learned Counsel for the petitioners submits that petitioners are in custody for the last more than 16 months. The maximum punishment for the alleged offences is imprisonment for a period of 10 years. He submits that petitioners were arrested in some other case and have been falsely implicated in the present case and also in similarly other undetected cases. He also submits that petitioners have been granted bail in seven cases and in the remaining cases their bail applications are pending.

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4 - NC: 2024:KHC:41497 CRL.P No. 728 of 2024

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Per contra , learned HCGP has opposed the petition. He submits that petitioners are habitual

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offenders, and as against them, there are about 28 cases pending which are of similar in nature. He submits that in the event they are enlarged on bail they are likely to commit similar offences.

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The material on record would go to show that FIR in Crime No.102/2023 was registered by Magadi Police Station, Ramanagara District initially against unknown persons for the offences punishable under Sections 454 and 380 of IPC. In the first information, it is averred that the first informant had gone to Mandya on 21.05.2023 to attend a engagement ceremony of his relatives and while he returned to his house in Magadi Taluk at Ramanagar District, he found that the door of his house was broke open and somebody had entered into the house and committed theft of gold and silvery jewelleries and also cash. Petitioners who were arrested in Crime No.82/2023 registered by K.R.Pete Police Station, Mysore were

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5 - NC: 2024:KHC:41497 CRL.P No. 728 of 2024

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produced under body warrant in the present case on 11.06.2023 and remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed. The maximum punishment for the alleged offences is imprisonment for a period of 10 years. Petitioners are in custody for the last more than 16 months and learned Counsel for the petitioners has brought to the notice of this Court that in seven cases registered against the petitioners, they have been granted bail and in the remaining cases their bail applications are pending. Recovery has been made in the present case from accused No.4, who had received the stolen articles from the petitioner and he has been granted regular bail by this Court in Crl.P.No.10997/2023 disposed off on 15.11.2023. Apprehension of the learned HCGP can be taken care of by imposing appropriate conditions on the petitioners. Accordingly, the following:-

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ORDER

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The petition is allowed .

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6 - NC: 2024:KHC:41497 CRL.P No. 728 of 2024

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The petitioners are directed to be enlarged on bail in SC.No.104/2023 pending before the Court of Principal District & Sessions Judge, Ramanagara, arising out of Crime No.102/2023 registered by Magadi Police Station, Ramanagara District for the offences punishable under Sections 380, 413 and 454 of IPC, subject to the following conditions:

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a) The petitioners shall execute personal bond for a sum of Rs.2,00,000/(Rupees Two Lakhs only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioners shall mark their attendance before the Station House Officer of T.Narasipura Town Police Station, Mysuru District, on every Sunday between 10:00 am and 1:00 pm for a period of three months and thereafter, shall mark their attendance on alternative Sunday of every month between 10:00 am and 1:00 pm till the case registered against them is disposed off;

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NC: 2024:KHC:41497 CRL.P No. 728 of 2024

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

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

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e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off.

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Sd/-

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(S VISHWAJITH SHETTY) JUDGE

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KVR

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List No.: 1 Sl No.: 25

Sri. Manjunatha @ Manju v. State by

Case brief

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Sri. Manjunatha @ Manju v. State by

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