IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF MAY, 2019 BEFORE THE HON'BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.9593 OF 2018 A/W CRIMINAL PETITION NO.9595 OF 2018 In Crl.P.No.9593/2018 BETWEEN:
1. Harisha, S/o late Subbamurthy, Aged about 30 years, 2. Mahendra Rao.R., S/o R.Ranadev, Aged about 29 years, Petitioner No.1 and 3 are Residing at No.21/1, 3rd main, Gandhi Grama Circle, Gayathri Nagar, Subramanya Nagar, Bangalore-560 003.
…Petitioners (By Sri.Lakshmikanth.K., Advocate) AND:
State of Karnataka By Malleshwaram Police Station, Rep. by its Public Prosecutor, High Court Building Bangalore-01.
(By Sri.Divakar Maddur.M., HCGP) ...Respondent This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.169/2017 (S.C.No.755/2018) of Malleshwaram P.S., Bangalore for the offence P/U/S 397 of IPC.
In Crl.P.No.9595/2018 BETWEEN:
1. Harisha, S/o late Subbamurthy, Aged about 30 years, 2. Mahendra Rao.R., S/o R.Ranadev, Aged about 29 years, Petitioner No.1 and 3 are Residing at No.21/1, 3rd main, Gandhi Grama Circle, Gayathri Nagar, Subramanya Nagar, Bangalore-560 003.
(By Sri.Lakshmikanth.K., Advocate) …Petitioners AND:
State of Karnataka By Annapoorneshwari Nagar Police Station, Rep. by its Public Prosecutor, High Court Building Bangalore-01.
(By Sri.Divakar Maddur.M., HCGP) ...Respondent This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.146/2017 (S.C.No.1429/2018) of Annapoorneshwari Nagar P.S., Bangalore for the offence P/U/S 397 of IPC.
These Criminal Petitions coming on for Orders, this day, the Court made the following:
ORDER Crl.P.No.9593/2018 arises out of Crime No.169/2019 of Malleshwaram Police Station and Crl.P.No.9595/2018 arises out of Crime No.146/2017 of Annapoorneshwari Nagar Police Station, Bengaluru.
2. Petitioners are accused Nos.1 and 2 in both the cases. Crime No.169/2018 is pending in S.C.No.755/2018 on the file of LXVI Additional City Civil and Sessions Judge, CCH-67, Bangalore, Crime No.146/2017 is pending in S.C.No.1429/2018 is before LXII Additional City Civil and Sessions Judge, (CCH-63), Bangalore.
3. The petitioners were arrested in Crime No.227/2017 of Basaveshwara Nagar police Station for the offence punishable under Section 397 of IPC. As per the records, the interrogation of the petitioners in the said case revealed that they were involved in total 24 cases of robbery/dacoity of various police stations.
4. It is further case of the prosecution that on the basis of the voluntary statements of the petitioners under the Mahazar dated 18.09.2017, 24 gold articles shown in the mahazar were recovered. By that time those cases were registered in the respective police stations and the properties regarding each case were transferred to respective police station. Two of those articles were the subject matter of the offence in these cases.
5. It is submitted that in SC.No.1429/2018, learned Sessions Judge at the stage of framing the charges found that, charge for offence punishable under Section 392 of IPC arises and therefore, transferred the said case to the Court of Magistrate.
6. The petitioners are in judicial custody since 18.09.2017. Learned counsel for the petitioners submits that in all these cases test identification parade was not conducted and the petitioners are already acquitted in one of those 24 cases. He further submits that subject matter of the alleged offence is already recovered and therefore, the petitioners are entitled for bail. In support of his contentions, he relied upon the following judgments;
a) Jaichand V/s. State of Rajasthan in Crl.P.No.1524/1991, D.D.30.05.1991;
b) Central Bureau of Investigation V/s. Kenche Mahesh Kumar in Crl.P.No.1697/2014, D.D.21.07.2015.
7. Per contra, Sri.Divakar Maddur, Learned HCGP appearing for respondent-State submits that petitioners are habitual offenders and trial is still pending in 23 cases. He further submits that if bail is granted, petitioners are likely to indulge in similar offences and abscond.
8. Apparently, the petitioners were involved in 24 cases of Mahalaxmipuram, Subramanya Nagar, HSR Layout, Rajaji Nagar, Basaveshwara Nagar, Chandra layout, Annapurneshwari Nagar, Vijayanagar and Malleshwaram. As per the records, there is recovery of 24 gold articles in concerned cases, on the basis of the voluntary statement of the petitioners. Presence of petitioners is required for trial.
9. One amongst the said cases is punishable under Section 397 of IPC. As per the material available on record is that the petitioners were targeting women walking on the roads and rob them. Under these circumstances, if bail is granted, it may go difficult to secure the petitioners for trial.
10. Jaichand’s case relied upon by the learned counsel for the petitioners arose out of application for cancellation of bail which was already granted. Issue involved in Kenche Mahesh Kumar’s case was whether the accused can be detained beyond 90 days of the arrest when no charge sheet is filed. That related to Section 167 of IPC. Both the judgments are not applicable to the facts of the case.
No grounds to grant bail. Accordingly, petitions are dismissed.
Sd/- JUDGE SB/-