Criminal Petition No. 13785 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:9421 CRL.P No. 13785 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13785 OF 2024 BETWEEN: MR AMAL KRISHNA P.U S/O UNNIKRISHNA P.K AGED ABOUT 27 YEARS R/AT PUTTUSSERI HOUSE CHEMMANDA POST, IRINJALAKUDA KARALAM TALUK TRISSUR DISTRICT, KERALA - 680 711. (BY SRI ASHWIN JOYSTON KUHNHA, ADV., FOR SRI VIKRAM RAJ A, ADV.) AND: …PETITIONER Digitally signed by NANDINI MS Location: High Court of Karnataka
Legal Reasoning
STATE OF KARNATAKA THROUGH MANGALURU RURAL POLICE STATION, DAKSHINA KANNADA DISTRICT, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001.
Legal Reasoning
(BY SRI VINAY MAHADEVAIAH, HCGP) …RESPONDENT THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL CONDITIONALLY PENDING TRIAL IN C.C.NO.2426/2024 120- FOR B,457,342,323,324,307,395,397,506,201 R/W SEC.149 OF IPC PENDING ON THE FILE OF THE HONBLE III JMFC COURT MANGALURU WHICH IS REGISTERED IN PURSUANCE OF CRIME OFFENCE P/US/ THE - 2 - NC: 2025:KHC:9421 CRL.P No. 13785 of 2024 NO.52/2024 OF MANGALURU RURAL RESPONDENT POLICE. P.S., BY THE THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.14 in Crime No.52/2024 registered by Mangaluru Rural Police Station, Mangaluru City, for the offences punishable under Sections 120(B), 457, 342, 323, 324, 307, 395, 397, 506 & 201 R/w 149 of IPC, is before this Court under Section 439 of Cr.P.C., seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.52/2024 was registered by Mangalore Rural Police Station, Mangalore City, initially for the offences punishable under Sections 395, 397, 506 R/w 149 of IPC against unknown persons, on the basis of first information dated 22.06.2024 received from Sri Padmanabha Kotyan S/o Late Lokayya Poojari. During the course of investigation, petitioner was arrested on 26.08.2024 and subsequently, remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed against eighteen - 3 - NC: 2025:KHC:9421 CRL.P No. 13785 of 2024 persons. Petitioner herein is arraigned as accused No.14 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.961/2024 was rejected on 03.12.2024. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner, who is a student has no other criminal antecedents. He was not part of the gang which had entered the premises of the first informant and committed the crime on 21.06.2024. Petitioner got down at Ullal from the vehicle in which accused persons had arrived from Kerala State and thereafter, other accused persons had proceeded towards the house of the first informant. There is no recovery from the petitioner. Similarly placed other accused persons have been enlarged on bail. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition however, does not dispute the submissions made by learned counsel for the petitioner. 6. A perusal of the charge sheet would go to show that accused No.1 was the driver of the lorry belonging to first informant and he had conspired along with accused No.2 to - 4 - NC: 2025:KHC:9421 CRL.P No. 13785 of 2024 commit dacoity in the house of first informant. In furtherance of such conspiracy, accused No.2 had contacted accused No.3, who in turn contacted his friend accused No.4 and requested him to make arrangements to commit dacoity in the house of first informant. Accordingly, accused No.4 contacted accused No.8 from Kerala who thereafter made arrangements for committing dacoity in the house of the first informant. In furtherance of said conspiracy, on 21.06.2024, accused Nos.5, 6, 7, 9, 11, 12 to 18 (totally 12 persons) came in two vehicles bearing registration No.KL-08-BH-5212 and KL-45-J-5005 to Mangaluru Taluk and amongst the aforesaid, accused Nos.5, 6, 7, 12, 13, 15, 16, 17 and 18 had entered into the compound of the first informant on 21.06.2024 at about 08.00 p.m. and had committed the alleged crime. Undisputedly, petitioner was not part of group of the accused who had entered into the compound of the house of first informant and committed the crime. The material on record would go to show that before the accused persons arrived near the house of the first informant, petitioner who had traveled with them from Kerala had got down at Ullal and thereafter, he was not part of the gang which had committed the crime. It is not in dispute that he has no - 5 - NC: 2025:KHC:9421 CRL.P No. 13785 of 2024 other criminal antecedents and there is no recovery from his possession in the present case. He is in custody from 26.08.2024. Investigation in the case is completed and charge sheet has been filed. Learned counsel for the petitioner has brought to the notice of this Court that accused Nos.4, 8, 10 and 11, who were not the part of the gang which had entered the premises of the first informant and committed the crime on 21.06.2024, have been granted regular bail by this Court in Crl.P.Nos.13235/2024, 11767/2024 and 9738/2024. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 7.
Decision
The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.52/2024 registered by Mangaluru Rural Police Station, Mangaluru City, for the offences punishable under Sections 120(B), 457, 342, 323, 324, 307, 395, 397, 506 & 201 R/w 149 of IPC, subject to the following conditions: - 6 - NC: 2025:KHC:9421 CRL.P No. 13785 of 2024 a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, 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 leave the 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 DN