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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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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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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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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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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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