The court dismissed a criminal petition seeking bail under Sections 437 and 439 CrPC for accused No.1 charged with robbery under Section 382 IPC, holding him ineligible due to his history of 65 similar cases. The court considered him a habitual offender likely to commit further crimes.
The Criminal Petition seeking release on bail is dismissed.
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THE HON'BLE SRI JUSTICE K.C.BHANU
CRIMINAL PETITION NO.3341 OF 2012
ORDER:
Petitioner-accused No.1 filed this Criminal Petition under Sections 437 and 439 of the Code of Criminal Procedure, 1973, seeking to release him on bail in connection with crime No.311 of 2011 of Bowenpally P.S., Secunderabad, registered for the offences punishable under Section 382 of the Indian Penal Code, 1860 (IPC).
2. The allegation against the petitioner is that he snatched gold chain from the de facto complainant. The petitioner was arrested on 17.11.2011. At the time of his arrest, three gold chains were seized from his possession.
3. The petitioner appears to be a habitual offender. It is not in dispute that as many as 65 cases have been registered against the petitioner in various Police Stations for the offence punishable under Section 379 or 411 IPC. If the petitioner is ordered to be released on bail, there is every possibility of the petitioner committing offences similar to the present one. Hence, it is not a fit case to grant bail.
4. The Criminal Petition is accordingly dismissed.
(K.C.BHANU, J)
16th April 2012 RRB
2 issues framed by the court
Whether bail should be granted to a habitual offender charged with robbery where multiple past cases exist.
Whether the probability of the accused committing similar offences precludes the granting of bail.
2 provisions across 2 enactments
Petitioner-accused No.1
K.C. BHANU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
