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2024 Supreme(Online)(Kar) 43216

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY, 2024 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 2828 OF 2024 BETWEEN:

P. RAKESHA, S/O PUTTARANGAIAH, AGED ABOUT 24 YEARS, R/AT MARABALLI VILLAGE KASABA HOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT, TUMKUR - 572 132. ALSO RESIDING AT NEAR SHANIMAHATHMA TEMPLE, RAJAGOPAL NAGARA, BENGALURU - 560 058.

…PETITIONER (BY SRI. RAVI KUMAR B.R, ADVOCATE)

Digitally signed by V KRISHNA AND:

Location: High Court of THE STATE OF KARNATAKA Karnataka BY BADAVANAHALLI P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001.

…RESPONDENT (BY SRI. M.R. PATIL, HCGP)

THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.110/2023 REGISTERED BY BADAVANAHALLI POLICE STATION, TUMAKURU FOR THE OFFENCE P/U/S 394, 397, 201 OF IPC, PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (SR.DN.) AND CJM COURT, MADHUGIRI, TUMAKURU DISTRICT IN C.C.NO.10/2024.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

The petitioner-accused is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.110/2023 of Badavanahalli Police Station, pending in C.C.No.10/2024 on the file of the learned Prl. Civil Judge (Sr.Dn.) & CJM Court, Madhugiri, Tumakuru District registered for the offences punishable under Sections 394, 397, 201 of Indian Penal Code (for short 'IPC') on the basis of the first information lodged by the informant - Sri.

Renukaradya.

2. Heard Sri. Ravi Kumar B.R., learned counsels for the petitioner and Sri. M.R.Patil, learned High Court Government Pleader for respondent-State. Perused the materials on record.

3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is:

“Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?”

My answer to the above point is in ‘Negative for the following:

R E A S O N S

4. The petitioner is arrayed as accused No.1. Serious allegations are made against him for having committed the offences as stated supra. It is this petitioner who assaulted C.W.1 with a machete on his right shoulder and snatched cash and mobile handset. Admittedly, the mobile handset belonging to C.W.1 and the machete used is the commission of the offence were recovered at the instance of the present petitioner during investigation. Even though, it is contended that accused No.3 against whom similar allegations are made was already enlarged on bail, the fact remains that the present petitioner is having criminal antecedents and four FIR's have been registered against him for having committed similar offences.

Considering the nature and seriousness of the offence with clinching prima-facie materials and the criminal antecedents of the petitioner, I am of the opinion that the petitioner is not entitled for grant of bail.

5. Accordingly, I answer the above point in the negative and proceed to pass the following:

ORDER The petition is dismissed.

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