IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.6725 OF 2018 BETWEEN JAGADEESHA S/O K.S. BASAVARAJU AGED ABOUT 22 YEARS R/AT D.NO.646, 2ND CROSS SWARNASANDRA MANDYA DISTRICT-571402. ... PETITIONER (BY SRI M.SHARASS CHANDRA, ADV.) AND STATE OF KARNATAKA BY K.R. PET TOWN P.S.
MANDYA DISTRICT-571 402 REPRESENTED BY STATE PUBLIC PROSECUTOR. ... RESPONDENT (BY SRI K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.20/2016 OF K.R.PET TOWN POLICE STATION, MANDYA DISTRICT FOR THE OFFENCES P/U/S 457 & 380 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is seeking anticipatory bail in Crime No.20/2016 of K.R. Pet Police Station. The said case was registered against unknown persons for the offences punishable under Sections 457 & 380 of I.P.C. on the basis of the complaint of one Lakshmi, Sales Executive of Mandovi Motors Pvt. Limited, K.R. Pet town.
2. It was alleged in the complaint that during the intervening night of 22-23/01/2016 some unknown persons trespassed into Mandovi Motors show room of K.R. Pet and committed theft of Maruthi Ertiga ZXI + car bearing Charsis No. MA3ElMG1S00350126, Engine No. KA-14BN-4016507, one computer, videocon LCD TV, Set-up Box, and cash of Rs.27,000/-. It was alleged that the property stolen was worth Rs.9,67,460/-.
3. On 23.07.2018, Huliyurdurga Police of Kunigal Taluk registered Crime No.151/2018 for the offences punishable under Sections 41(D), 102 & 379 of I.P.C. against petitioner and two others on the basis of the complaint of one Manju B.P. It was alleged that on 23.07.2018 at 12.30 p.m. the said Police intercepted car No.KA-33 M-4816 and apprehended the petitioner and two other inmates escaped. It was alleged that interrogation of the petitioner revealed that the car was stolen from Mandovi Motors Showroom, K.R.Pet in January 2016 and using duplicate registration number they were running the car.
4. Huliyurdurga Police produced the petitioner before J.M.F.C., Kunigal in Crime No.151/2018 and he was released on bail. Subsequently on 31.07.2018, Huliyuru durga Police have given requisition to the Jurisdictional Magistrate in Crime No.151/2018 seeking transfer of the case to J.M.F.C., K.R. Pet. On the ground of jurisdiction, the learned Magistrate has passed order to transfer the case to JMFC, K.R.Pet.
Petitioner apprehends his arrest in Crime No.20/2016 of K.R.Pet Police Station by virtue of such transfer order.
5. Learned counsel for the petitioner submits that the subject matter of the offence namely, the car is already recovered and detention of the petitioner is not required for any further investigation. He further submits that petitioner is ready to co-operate for the investigation.
6. Learned H.C.G.P. submits that the entire subject matter of the offence is not recovered, other two accused are absconding. Therefore, custodial interrogation of the petitioner is required.
7. As per the records in Crime No.151/2018 of Huliyurudurga Police Station, the stolen car was recovered from the custody of the petitioner. But other properties stolen were not yet recovered. Other two accused are still absconding.
8. Under these circumstances, though the offences are not punishable with death or imprisonment for life, custodial interrogation of the petitioner is required to ascertain the involvement of the other accused in the case and also recovery of other properties.
9. The matter is pending for more than two years for investigation itself. Police could not secure the other accused for more than two years. Under these circumstances, it is not a fit case to grant anticipatory bail. Therefore, petition is dismissed.
Sd/- JUDGE HR CT-HR