Kalaberu, Vs the State by the Station House Officer

KALABERU, S/O GHASI RAM, AGED ABOUT 40 YEARS, R/AT CHAPPAR COLONY, BORAVAD, MAKRANA TALUK, DIDWANA DISTRICT, RAJASTHAN STATE, NAGAUR, RAJASTHAN - 341 502.

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…PETITIONER (BY SRI. DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE)

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AND:

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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THE STATE BY THE STATION HOUSE OFFICER, TIPTUR TOWN POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.

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…RESPONDENT

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(BY SRI. RANGASWAMY R, HCGP)

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THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CONNECTION WITH CR.NO.22/2024 OF TIPTUR TOWN P.S. FOR THE OFFENCE P/U/S 400, 399, 402, 120B OF IPC AND SEC.25 OF THE INDIAN ARMS ACT NOW REGISTERED AS S.C.NO.10048/2024 ON THE FILE OF HONBLE COURT OF V ADDL.DISTRICT AND SESSIONS JUDGE TUMKUR (SITTING AT TIPTUR).

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NC: 2025:KHC:2858 CRL.P No. 12500 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 MOHAMMAD NAWAZ

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ORAL ORDER

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Petitioner has sought to enlarge him on bail in connection with a case registered in Crime No.22/2024 of Tiptur Town Police Station, now pending in S.C.No.10048/2024 on the file of Court V Additional District and Sessions Judge, Tumkuru (sitting at Tiptur).

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Heard the learned counsel for petitioner and

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learned High Court Government Pleader for the State and perused the material on record.

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FIR was registered on a suo-moto complaint lodged by the PSI (L & O), Tiptur Town, Tumakuru, against four named and one un-known person for offences punishable under Section 399, 402, 120-B of IPC and Section 25 of the Indian Arms Act, 1959.

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As per complaint averments, on 24.01.2024,

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during night hours, complainant was on patrolling duty in

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his departmental vehicle bearing registration No.KA-64-G0011. In the early hours at about 04:00 a.m., while he was near Sri Kumar hospital road, Kote, he saw 5 persons moving in a suspicious manner. On seeing the police they tried to escape. Two of them were apprehended whereas other three escaped. From the arrested accused by name jagadish @ Ramasingh and Ramapal, incriminating articles like axel blades, hammer, iron rod, rope, one Country pistol and live bullets were seized.

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It is the case of prosecution that accused were

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planning to commit dacoity like breaking open the jewellary shops, looting people by stopping their vehicles etc.,

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Petitioner, arraigned as accused No.4 was taken into custody on 29.07.2024. Additional charge sheet is filed.

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Learned counsel for the petitioner has contended that petitioner is innocent and he has not committed any offence. He is falsely implicated in this

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case. His name is Ghasi Ram Bhati and not Kalaberu. He

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has been implicated as an accused only on the voluntary statement of accused Nos.1 to 3. There is no incriminating material recovered from his possession, after his arrest. He is ready and willing to abide by any conditions. Accordingly, he has sought to allow the petition.

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Learned High Court Government Pleader has contended that petitioner is one of the gang member who along with others was making preparation to commit dacoity. Country Pistol, live bullets, iron rod, rope etc. are seized from the possession of accused Nos.1 to 3. The investigation has revealed that even the petitioner was present along with the said accused and he escaped from the spot on seeing the police. He further contended that

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the petitioner is a habitual offender, involved in similar cases. On the basis of the statements of the accused who were initially arrested, his name was mentioned as Kalaberu. However, during investigation, it was revealed that he is the same person and therefore, additional

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charge sheet is filed against him showing his name as Ghasi Ram Bhati @ Kalaberu, further, he is involved in similar cases in the State of Rajasthan.

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9. Learned High Court Government Pleader has

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further contended that, the petitioner was granted bail in the case registered against him in Rajasthan, but he has violated the conditions. Hence, if he is released on bail, he will once again indulge in committing dacoity and he will flee from justice. He has therefore sought to reject the petition.

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Learned High Court Government Pleader has filed a memo along with list of criminal cases registered against the petitioner which are as under:

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1. Rajasthana State, Junjunu District, Navalgad Police Station Cr.No.125/2015 for the offences under Sections 419, 177 of IPC and Sections 3 and 25 of the Arms Act;

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2. Rajasthana State, Junjunu District, Navalgad Police Station Cr.No.126/2015 for the

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offences under Sections 342, 365, 393, 394 and 398 of IPC.

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3. Rajasthana State, Bilwara District, Shambugar Police Station Cr.No.42/2008 for the offences punishable under Sections 458, 395 and 120(B) of IPC.

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4. Rajasthana State, Bilwara District, Shambugar Police Station Cr.No.43/2008 for the offences punishable under Sections 332, 353, 365, 342 and 379 of IPC.

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It is stated that two more cases are registered at Bilwara Gulabpura Police Station, Rajasthan State.

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The investigation material reveal that the

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petitioner is also one of the accused who was present at the spot along with accused Nos.1 to 3. All the accused were making preparation to commit dacoity / robbery by breaking open the lock of jewellary shops and also looting the public moving in their vehicles etc. Registration of above cases against the petitioner shown that he is involved in similar offences in the State of Rajasthan. He

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NC: 2025:KHC:2858 CRL.P No. 12500 of 2024

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being a resident of Rajasthan, if granted bail, will not be available for trial as contended by the learned High Court Government Pleader. Chances of fleeing from justice and committing similar offences are not ruled out. Petitioner is therefore, not entitled for bail. Petition is dismissed .

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Learned counsel for the petitioner submitted that a direction may be given to the Trial Court to expedite the trial and conclude the same within three months. Such direction cannot be issued as there are older cases pending. His prayer is rejected.

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Sd/(MOHAMMAD NAWAZ) JUDGE

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LDC List No.: 1 Sl No.: 30 CT: BHK

Kalaberu, v. the State by the Station House Officer

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Kalaberu, v. the State by the Station House Officer

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