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2023 Supreme(Online)(Kar) 28794
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MAY, 2023 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 3404 OF 2023 BETWEEN: 1. HARISH S/O SHEENA POOJARY, AGED ABOUT 28 YEARS, RESIDING AT #3-113 NEAR SCHOOL SITE HOUSE, BADAGA BELLURU BATWAL TALUK - 574 219 DAKSHINA KANNADA
2. THEJAKSHA S/O THARANATH POOJARY AGED ABOUT 18 YEARS R/O 4-168, KOTHAMAJALU THARIPADPU HOUSE Digitally signed BADAGA BELLURU by PADMAVATHI B K BATWAL TALUK - 574 219 Location: HIGH DAKSHINA KANNADA COURT OF KARNATAKA …PETITIONERS (BY MS. ANANYA RAI, ADVOCATE FOR SRI VISHWAJITH RAI M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY DHARMASTHALA POLICE STATION, DAKSHINA KANNADA DISTRICT REPRESENTED BY ITS S.P.P HIGH COURT BUILDING BENGALURU - 560 001.
…RESPONDENT (BY SRI MAHESH SHETTY, HCGP.)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO SET ASIDE THE ORDER DATED 06.02.2023 PASSED IN S.C.NO.99/2022 BY THE COURT OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU ALLOWING THE APPLICATION FILED BY THE PROSECUTION U/S.439(2) OF CRPC THEREBY CANCELLING THE ANTICIPATORY BAIL GRANTED TO THE ACCUSED NO.4 AND 6 IN CRL.MISC.NO.738/2020 DATED 24.12.2020.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are before this Court calling in question an order dated 06.02.2023, passed in S.C.No.99/2022, by the III Additional District and Sessions Judge, D.K., Mangaluru, allowing the application filed by the prosecution under Section 439(2) of the Cr.P.C., whereby, the anticipatory bail granted to the petitioners – accused Nos.4 and 6 in Crl.Misc.No.738/2020 on 24.12.2020, was cancelled.
2. Heard Sri Ananya Rai, learned counsel for petitioners and Sri Mahesh Shetty, learned High Court Government Pleader for the respondent.
3. Facts in brief germane for consideration of the lis are as follows:
The petitioners get embroiled in a crime in Crime No.87/2020, registered for the offences under Sections 143, 147, 148, 323, 504, 506, 307 and 149 of the IPC and file a petition under Section 438 of the Cr.P.C. seeking an anticipatory bail in Crl.Misc.No.738/2020. The concerned Court granted anticipatory bail on 24.12.2020. The petitioners who were granted anticipatory bail, allegedly breached the bail conditions by getting involved in another crime in S.C.No.99/2022 (Crime No.80/2022) for offences under Sections 504, 323, 324, 307 r/w. 34 of the IPC. The petitioners again seek and were granted anticipatory bail. It is then, the prosecution moved an application before the concerned Court, which had granted anticipatory bail in Crl.Misc.No.738/2020, seeking cancellation of anticipatory bail, on the submission that the petitioners have violated the conditions of the bail by getting involved in similar offences after the grant of such bail.
The concerned Court then, by the impugned order cancels anticipatory bail granted in Crl.Misc.No.738/2020.
4. It transpires that the petitioners have filed a petition before the concerned Court in Crl.Misc.No.1114/2022, seeking regular bail and the petitioners are enlarged on regular bail. The enlargement of the petitioners on regular bail is in the subsequent crime in S.C.No.99/2022. If the petitioners are granted regular bail in subsequent crime, that could not have been the reason for cancellation of the anticipatory bail that was granted in the previous crime in Crl.Misc.No.738/2020. Since the petitioners are enlarged on regular bail in the subsequent petition, I deem it appropriate to quash the order dated 06.02.2023, which rejects the anticipatory bail of the petitioners, on the ground that they have violated the bail conditions by getting themselves involved in subsequent crime, only owing, to the fact that the petitioners are granted regular bail in the subsequent crime.
5. For the reasons aforesaid, the following:
ORDER
a. The criminal petition is allowed.
b. The order dated 06.02.2023 passed in S.C.No.99/2022 stands quashed.
c. The anticipatory bail granted to the petitioners on
24.12.2020, in Crl.Misc.No.738/2020 stands restored.
