Allowed

Uttam Bhagwan Karat v. State of Karnataka

Karnataka HC22 Oct 2024CRL.P/9051/2024

Case brief

AI extract

What is this about?

Regular bail petition by accused No.3 in a jewellery-shop theft case. The court noted the petitioner had no criminal antecedents, no recovery of stolen articles from him, completed investigation, and offences not punishable with death or life imprisonment, and enlarged him on bail subject to conditions.

What did the court decide?

Petitioner enlarged on bail in S.C.No.125/2024 on personal bond of Rs.2,00,000 with two sureties (one local), subject to attendance, non-tampering and no similar offence conditions.

Uttam Bhagwan Karat Vs State of Karnataka — Bail and Remand | Karnataka HC (2024)

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1 - NC: 2024:KHC:42250 CRL.P No. 9051 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF OCTOBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9051 OF 2024

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BETWEEN:

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UTTAM BHAGWAN KARAT S/O NAMDEV BHAT AGED ABOUT 37 YEARS, R/AT HIWRA KHURD POST, MEHKAR TALUK BULDANA DISTRICT MAHARASHTRA-443304

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…PETITIONER

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(BY SRI. DESAI RAJENDRA CHANDRASHEKAR, ADVOCATE)

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AND:

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Digitally signed by REKHA R Location: High Court of Karnataka

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STATE OF KARNATAKA BY CHANDRASHEKARPURA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU-560001

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…RESPONDENT

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(BY SRI. RAHU RAI K., HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 (FILED UNDER SECTION 483 BNNS) OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CR.NO.87/2023 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 380, 457 AND 120B OF IPC AND SECTIONS 25(1AA), 27(2) OF ARMS ACT, FILED BY CHANDRASHEKARPURA POLICE STATION, IN S.C.NO.125/2024 PENDING ON THE FILE OF THE II ADDL. DIST. AND SESSIONS JUDGE, TUMAKURU.

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NC: 2024:KHC:42250 CRL.P No. 9051 of 2024

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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 No.3 in S.C.No.125/2024 pending before the Court of II Addl. District and Sessions Judge, Tumakuru arising out of crime No.87/2023 registered by Chandrashekharpura Police Station, Tumakuru, for the offences punishable under Sections 308, 457 & 120B of IPC and Sections 25(1AA) & 27(2) of Arms Act, 1959, is before this Court under section 439 of Cr.P.C.

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2. Heard the learned counsel for the parties.

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F.I.R. in Crime No.87/2023 was registered by

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Chandrashekharpura Police Station, Tumakuru, initially for

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the offences punishable under Sections 380 & 457 of IPC against unknown 6 to 7 persons on the basis of first information dated 13.10.2023 received from Mohan Lal S/o Jesaram, resident of Hebbur village Tumakuru taluk. During the course of investigation of the case, the

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3 - NC: 2024:KHC:42250 CRL.P No. 9051 of 2024

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petitioner herein was arrested and remanded to judicial custody on 31.10.2023. Investigation in the case is completed and charge sheet has been filed against 14 persons. Petitioner is arrayed as accused No.3 in the charge sheet.

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The bail application filed by the petitioner in Crl.Misc.No.478/2024 before the jurisdictional Sessions Court was rejected on 28.03.2024. Therefore, he is before this Court.

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Learned counsel for the petitioner submits that the petitioner has no criminal antecedents and only for the reason he is the brother of accused No.13 who is absconding, the petitioner has been arrested in the present case and arrayed as accused No.3. He submits there is no recovery from the petitioner herein in the present case. Investigation in the case is completed and charge sheet has been filed. Accordingly, he prays to allow the petition.

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NC: 2024:KHC:42250 CRL.P No. 9051 of 2024

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Per contra, learned HCGP has opposed the bail

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petition and submits that petitioner is from Maharastra State and in the event he is enlarged on bail, he is likely to flee away from justice. He also submits that the petitioner has another case registered against him in Crime No.88/2023 by Chandrashekharpura Police Station, Tumakuru, for similar offences. Accordingly, he prays to dismiss the petition.

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First information was submitted by Mohan Lal on 13.10.2023 and it is averred that he has been residing in Hebburu village Tumakuru for the last 20 years and he originally hails from Rajastan. On 12.10.2023 he had closed his jewellery shop at about 7.00 pm and after locking the shutters he had returned home. At about 2.15 am on the intervening night of 12.10.2023 and 13.10.2023, he received a censor call on his mobile phone and immediately he informed his friends to come near his jewellery shop and also informed the police. When he reached his jewellery shop he found that the shutter of his

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5 - NC: 2024:KHC:42250 CRL.P No. 9051 of 2024

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shop was broke open with the help of a gas cutter and gold and silver jewellery worth about Rs.5 lakhs was found missing. In the CCTV footage it was found that about 6 persons who were wearing mask and gloves had entered the shop and committed theft of silver and gold articles which were found missing. It is in this background on 13.10.2023 at about 6.30 am the first informant had approached the police and submitted his first information. During the course of the investigation the police arrested the petitioner herein on 31.10.2023, and subsequently, he was remanded to judicial custody. The petitioner is said to be elder brother of accused No.13, who is absconding.

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Undisputedly, the petitioner has no criminal antecedents and it is also not in dispute that there is no recovery of stolen articles from the possession of the petitioner. Crime No.88/2023 was registered by Chandrashekarpura Police Station, Tumakuru, against unknown persons wherein it is alleged that an attempt was made by unknown persons to commit theft in an adjacent

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6 - NC: 2024:KHC:42250 CRL.P No. 9051 of 2024

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jewellery shop after FIR in crime No.87/2023 was registered. Based on the confession statement of arrested accused persons in the present case, petitioner is arrayed as accused even in crime No.88/2023. Undisputedly, in the said case, no theft has taken place and only attempt to commit the theft made.

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Petitioner who has no criminal antecedents, is in custody from 31.10.2023. Apprehension of learned HCGP can be taken care of by imposing appropriate conditions. Alleged offences are neither punishable with death or with life imprisonment. Under the circumstance, I am of the opinion that petitioner’s prayer for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions.

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Accordingly, the following:

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ORDER

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The Criminal Petition is allowed .

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The petitioner is directed to be enlarged on bail in S.C.No.125/2024 pending before the Court of II Addl.

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NC: 2024:KHC:42250 CRL.P No. 9051 of 2024

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District and Sessions Judge, Tumakuru arising out of crime No.87/2023 registered by Chandrashekharpura Police Station, Tumakuru, for the offences punishable under Sections 308, 457 & 120B of IPC and Sections 25(1AA) & 27(2) of Arms Act, 1959, subject to the following conditions:

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a) Petitioner shall execute personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakh only) with two sureties (out of which one surety shall be local surety) for the likesum, to the satisfaction of the jurisdictional Court;

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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;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future;

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SD/-

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(S VISHWAJITH SHETTY) JUDGE

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ASN

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List No.: 1 Sl No.: 45

Uttam Bhagwan Karat v. State of Karnataka

Case brief

What is this about?

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Uttam Bhagwan Karat v. State of Karnataka

Case brief

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