SRI.MANJAPPA v. Court of Karnataka
Case at a glance
Outcome
Allowed
The petition is allowed
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 483
- Indian Penal Code, 1860 ss. 34, 406, 409, 419, 420, 506
Judgment
Cause title
SRI.MANJAPPA S/O THIPPESWAMY, AGED ABOUT 50 YEARS, R/AT NO.91, 2ND MAIN, 10TH CROSS, SHIVANAGAR, BENGALURU-560010 ALSO AT KOMMARANAHALLI VILLAGE, HOLALKERE TALUK, CHITRADURGA DISTRICT-577526 (BY SRI. PRASANNA KUMAR V H.,ADVOCATE) AND: …PETITIONER
REKHA R Location: High Court of Karnataka STATE OF KARNATAKA BY BYADARAHALLI POLICE STATION, BANGALORE RURAL DISTRICT, BANGALORE-560091 REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE-560001 (BY SRI. RAHUL RAI, HCGP) …RESPONDENT
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (FILED UNDER SECTION 483 BNSS) PRAYING TO DIRECT HIM TO BE RELEASED ON REGULAR BAIL IN CRIME NO.590/2024 FOR OFFENCES PUNISHABLE UNDER SECTIONS 406,409,420,506 READ WITH SECTION 34 OF IPC BY BYADARAHALLI POLICE STATION, PENDING INVESTIGATION ON THE FILE OF THE HONBLE COURT OF CHIEF JUDICIAL MAGISTRATE DISTRICT, BENGALURU BENGALURU. RURAL (CJM) - 2 - NC: 2024:KHC:49099 CRL.P No. 11918 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused no.1 in C.C.No.11975/2024 pending before the Court of Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru, arising out of Crime No.590/2024 registered by Byadarahalli Police Station, Bengaluru City, for the offences punishable under Sections 406, 419, 420, 506, 34 IPC, is before this Court under Section 439 Cr.PC, seeking regular bail.
2. Heard the learned Counsel for the parties.
3. FIR in Crime No.590/2024 was registered by Byadarahalli Police Station, Bengaluru City, initially for the offences punishable under Sections 406, 409, 420, 506, 34 IPC against the petitioner herein and another, on the basis of the first information dated 10.09.2024 received from Pradipta Bhaskar. During the course of investigation - 3 - NC: 2024:KHC:49099 CRL.P No. 11918 of 2024 of the case, petitioner herein was arrested on 15.09.2024 and remanded to judicial custody.
4. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl. Misc. No.2226/2024 was rejected on 23.10.2024. Therefore, he is before this Court.
5. Learned Counsel for the petitioner submits that the petitioner is aged about 50 years, he is in custody from 15.09.2024. Allegation against accused no.2 and the petitioner herein are almost similar. Accused no.2 has granted regular bail by this Court in Crl.P.No.11849/2024. Accordingly, he prays to allow the petition.
6. Per contra, learned HCGP has opposed the petition and prays for dismiss of the petition.
7. Material on record would go to show that though FIR was initially registered invoking offence punishable under Section 409 IPC, after investigation, in the charge sheet now filed offence punishable under Section 409 of IPC is dropped. The charge sheeted offences are triable by - 4 - NC: 2024:KHC:49099 CRL.P No. 11918 of 2024 the Court of Magistrate and the maximum punishment for the said offences is imprisonment for a period of seven years. Petitioner in custody from 15.09.2024. Investigation of the case is completed and charge sheet has been filed. Accused no.2 has been granted regular bail by this Court in Crl.P.No.11849/2024 disposed of on
25.11.2024. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail needs to be answered affirmatively.
8. Accordingly, the following :
ORDER:
Operative part
The petition is allowed. The petitioner is directed to be enlarged on bail in C.C.No.11975/2024 pending before the Court of Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru, arising out of Crime No.590/2024 registered by Byadarahalli Police Station, Bengaluru City, for the offences punishable under Sections 406, 419, 420, 506, 34 IPC, subject to the following conditions: - 5 - NC: 2024:KHC:49099 CRL.P No. 11918 of 2024 a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum, to the satisfaction of the jurisdictional Court; 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; 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; e) The petitioner shall not jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. SD/- (S VISHWAJITH SHETTY) JUDGE ASN List No.: 1 Sl No.: 36
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The petition is allowed
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439; Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483; Indian Penal Code, 1860 — ss. 34, 406, 409, 419, 420, 506.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.