IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 12TH DAY OF JANUARY 2018 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO CRIMINAL PETITION NO.10205/2017 BETWEEN YAMANURI NAIK S/O GURYA NAIK, AGE 30 YEARS, OCC: AGRICULTURAL COOLI, R/O KUNIKERI THANDA, KOPPAL TALUK AND DISTRICT-583114 ... PETITIONER (BY SRI.ANWAR BASHA B., ADVOCATE) AND THE STATE OF KARNATAKA THROUGH H.B.HALLI PS, BELLARY, REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA AT BENGALURU-560 001 (BY SRI.PRAVEEN K.UPPAR, HCGP) ... RESPONDENT THIS CRIMINAL PETITION IS FILED U/S.438 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.209/2017 OF HAGARIBOMMANAHALLI P.S., BALLARI DISTRICT FOR THE OFFENCE P/U/S 395 OF IPC.
THIS PETITION COMING ON FOR ORDERS. THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the respondent.
2. This petition is filed under Section 438 of Cr.P.C. wherein the petitioner seeks direction to the respondent- Police to release him on bail in the event of his arrest in Crime No.209/2017 of Hagaribommanahalli P.S. for the offence punishable under Section 395 of IPC.
3. The substance of the case are that the accused No.1 was known to the complainant earlier and with the said acquaintance, the accused No.1 induced the complainant and offered that in exchange of Rs.10,00,000/- old currency notes to new currency notes worth Rs.8,00,000/-. In that regard, the complainant was called near H.B.Halli-Kecchinabandi road. Believing the same, the complainant had been to the place with cash of Rs.7,80,000/- on 16.03.2017 at about 6:30 p.m. At the time, the accused No.1 was present at the spot and the said accused No.1 after confirmation of brining of money by the complainant, he had invited 4 accused persons through phone. When the said accused reaches the scene of occurrence, the accused No.1 fled away from the spot. The remaining accused assaulted the complainant and threatened him with dire consequences and robbed cash of Rs.7,80,000/- and a mobile phone from him and thereby committed robbery. In this connection, crime came to be registered for the aforesaid offences before the respondent-Police against the accused persons.
4. Learned counsel for the petitioner submits that the petitioner is innocent person, he has been falsely implicated in the said case and he has not committed any of the offence leveled against him. Hence, prays for allowing the petition.
5. Learned HCGP opposes to grant bail to the petitioner and prays for dismissal of the bail petition.
6. In the context and circumstances of the case and also considering the social impact on the society and the stage of the application, I am not inclined to grant the relief of bail.
Accordingly, the petition filed by the petitioner stands rejected.
Sd/- JUDGE Vnp*