IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.6444 OF 2018 BETWEEN:
Sri.Chandru @ Kari Chandra @ Auto Chandra Son of Late Narayanappa, Aged about 30 years, Resident of Kittadahalli Village, Masur Post, Shikaripura Taluk, Shivamogga District – 570 201.
...Petitioner (By Sri.Ranganath T.R, Advocate) AND:
State of Karnataka by Kyathsandra Police Station, Represented by Public Prosecutor , High Court of Karnataka, Bengaluru – 560 001.
...Respondent (By Smt.Namitha Mahesh. B.G, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.176/2018 of Kyathasandra Police Station, Tumakuru for the offences P/U/S 454, 457, 380 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner-accused under Section 439 of Cr.P.C. to release him on bail in Crime No.176/2018 of Kyathasandra Police Station for the offences punishable under Sections 454, 457 and 380 of IPC.
2. I have heard the learned High Court Government Pleader for respondent-State. The petitioner and his counsel remained absent though several adjournments have been given.
3. The gist of the complaint is that complainant had been to some place and he was informed on 17.07.2018 that there was a theft in his house. He came and noticed that somebody had tried to open the front door of his house. It was found that the door was locked inside and thereafter, he could open the said door with great difficulty with the help of another key and then he entered inside the house and found that cupboard of his ground floor bedroom was opened and when he opened the bedroom of the first floor, the wardrobes of the said room were found opened. He noticed that said doors of the cupboard have been opened with iron rods and gold articles have been stolen. On that basis, case has been registered.
4. It is contended in the petition that the petitioner is innocent and the complaint registered against unknown persons. Already investigation has been completed, the petitioner-accused is not required for further investigation. He further submits that articles have been recovered on the basis of voluntary statement during the course of enquiry and no further investigation is pending. He further submits that he has been falsely implicated as accused. He further submits that he is ready to abide by the conditions imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner-accused on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner-accused is a habitual offender and investigation is not yet completed. If the petitioner- accused is released on bail, he may abscond and may not be available for trial. Again, he may indulge in similar type of activities. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other materials, which has been produced along with the petition.
7. On persual of the records, it would indicate that already charge sheet has been filed and the petitioner-accused is involved in many more cases and he is habitual offender. Though the alleged offence is not punishable with death or imprisonment for life but when the petitioner-accused is a habitual offender, he is likely to abscond, if he is released on bail. In that light, it is not a fit case to release the petitioner-accused on bail. Hence, the petition is dismissed.
Sd/- JUDGE UN