Samuel vs State Of Karnataka on 14 February, 2024

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Karnataka High Court

Samuel vs State Of Karnataka on 14 February, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

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                                                          NC: 2024:KHC:6323
                                                    CRL.P No. 13876 of 2023




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 14TH DAY OF FEBRUARY, 2024

                                           BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                             CRIMINAL PETITION NO.13876 OF 2023

                   BETWEEN:

                   SAMUEL
                   S/O. RAMAIAH,
                   AGED ABOUT 27 YEARS,
                   R/AT 6TH CROSS,
                   NEAR WATER TANK,
                   BOMMANAKATTE,
                   BHADRAVATHI,
                   TOWN SHIVAMOGGA,
                   KARNATAKA-577 301.
                                                             ...PETITIONER
                   (BY SRI M SHASHIDHARA, ADVOCATE)

Digitally signed   AND:
by SHARANYA T
Location: HIGH     STATE OF KARNATAKA
COURT OF
KARNATAKA          BY TIPTUR TOWN P.S.,
                   REPRESENTED BY SPP,
                   HIGH COURT OF KARNATAKA,
                   BENGALURU-560 001.
                                                            ...RESPONDENT
                   (BY SRI K NAGESHWARAPPA, HCGP)
                        THIS CRL.P IS FILED U/S 438 CR.PC PRAYING TO
                   RELEASE THE PETITIONER ON BAIL IN EVENT OF ARREST
                   IN CR.NO.172/2021 OF TIPTUR TOWN P.S., FOR OFFENCE
                   P/US 379 R/W 34 OF IPC AND ETC.
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                                                  NC: 2024:KHC:6323
                                           CRL.P No. 13876 of 2023




     THIS PETITION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
                                ORDER

Heard the learned counsel appearing for the

petitioner and learned HCGP appearing for the State.

2. The case of the prosecution is that on

13.10.2021 at about 4.00 p.m., the complainant came to

the police station and gave complaint alleging that on

10.10.2021 at about 10.00 p.m., the complainant boarded

a KSRTC bus and she reached Tiptur at about 12.30 p.m.,

and went to the house of her younger sister at

Kurubarahalli village. On the next day i.e., on 11.10.2021

at about 11.30 a.m., while she was boarding KSRTC bus at

Tiptur bus stop, her golden neck chain weighing about 39

grams worth Rs.75,000/- was stolen hence, a case was

registered in Cr.No.172/2021 for the offence punishable

under Section 392 read with Section 34 of IPC. After

investigation, the police have filed the charge sheet for the

offence punishable under Section 379 of IPC.
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CRL.P No. 13876 of 2023

3. The learned counsel appearing for the petitioner

submits that the petitioner has been falsely implicated in

the case. Though the prosecution contended that several

cases have been registered in Cr.Nos.170/2019, 38/2018,

77/2019, 114/2019, 9/2014 at different police station, this

petitioner has not been arraigned as accused in those

cases and only in one case registered in Cr.No.207/2021

by the Tiptur Town Police, this petitioner has arraigned as

accused and in that case, already anticipatory bail has

been granted by the Sessions Court in Crl. Misc.

No.10057/2023 in favour of this petitioner and this

petitioner is not a habitual offender as contended by the

prosecution. The chain was already recovered by accused

No.1 and this petitioner is an accused No.2. When there

was a recovery, the question of recovery from this

petitioner does not arise and the allegation against this

petitioner is that he has snatched the gold neck chain.

Hence, prayed this Court to enlarge the petitioner on bail.
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NC: 2024:KHC:6323
CRL.P No. 13876 of 2023

4. Per contra, the learned HCGP appearing for the

State would vehemently contend that this is a second case

against this petitioner and in the earlier case also, the

similar allegation was made against this petitioner. If he

enlarged on bail, he may commit similar offence in future.

Hence, prayed to dismiss the bail petition.

5. Having heard the learned counsel appearing for

the petitioner and the learned HCGP appearing for the

State and also on perusal of the material available on

record, it discloses that the chain was recovered at the

instance of accused No.1 and this petitioner has arraigned

as accused No.2 and this petitioner already granted

anticipatory bail in respect of other case in

Cr.No.207/2021. Whether this petitioner has committed

the alleged offences or not is a matter of trial and unless

the matter considered on merits, it cannot be held that

this petitioner is a habitual offender. Hence, at this stage,

it is a fit case to exercise the discretion in favour of this

petitioner subject to the condition that if he commits the
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NC: 2024:KHC:6323
CRL.P No. 13876 of 2023

similar offence in future, the State is at liberty to seek for

cancellation of bail.

6. In view of the discussions made above, I pass

the following:

ORDER

The petition is allowed. Consequently, the

petitioner/accused No.2 shall be released on bail in the

event of his arrest in connection with Crime No.172/2021

registered by Tiptur Town Police Station for the offence

punishable under Section 379 read with Section 34 of IPC,

subject to the following conditions:-

(i) The petitioner shall surrender himself
before the Investigating Officer within ten
days from the date of receipt of a
certified copy of this order and shall
execute a personal bond for a sum of
Rs.2,00,000/- (Rupees Two Lakh only)
with two sureties for the like-sum to the
satisfaction of the concerned
Investigating Officer.

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NC: 2024:KHC:6323
CRL.P No. 13876 of 2023

(ii) The petitioner shall not indulge in
tampering the prosecution witnesses.

(iii) The petitioner shall not leave the
jurisdiction of the Court without prior
permission till the disposal of the case.

(iv) If the petitioner commits similar offence in
future, the State is at liberty to seek for
cancellation of bail.

Sd/-

JUDGE

SN

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