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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12TH DAY OF SEPTEMBER, 2022

BEFORE

THE HON’BLE MR. JUSTICE K.NATARAJAN

CRIMINAL PETITION NO.7730 OF 2022

BETWEEN

SRI SRINIVASA R

S/O RAMAKRISHNAPPA

AGED ABOUT 20 YEARS

R/A HOSURU VILLAGE

HOSURU HOBLI

GOWRIBIDANARURU TQ

CHIKKABALLAPURA DIST 561210

... PETITIONER

(BY SRI V.B. SIDDARAMAIAH, ADVOCATE)

AND

STATE OF KARNATAKA

REP BY KORATAGERE POLICE STATION

KORATAGERE 572129

REP BY STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA BUILDING

BENGALURU 560001

...RESPONDENT

(BY SRI KRISHNA KUMAR K.K., HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439

OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO

ENLARGE THE PETITIONER ON BAIL IN CR.NO.72/2022 OF

KORATAGERE P.S., TUMKURU DISTRICT FOR THE OFFENCE

PUNISHABLE UNDER SECTION 392 OF IPC, PENDING ON THE

FILE OF THE CIVIL JUDGE AND JMFC, KORTAGERE.

THIS CRIMINAL PETITION COMING ON FOR ORDERS,

THIS DAY THE COURT MADE THE FOLLOWING:

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This

criminal

petition

is

filed

by

the

petitioner/accused No.2 under section 439 of Cr.P.C.,

for granting regular

bail in Crime No.72/2022

registered by Koratagere Police Station, Tumkuru

District for the offences punishable under Section 392

of IPC, pending on the file of the Civil Judge and JMFC,

Kortagere.

2.

Heard the arguments of learned counsel for

petitioner and learned High Court Government Pleader

for respondent-State.

3. The case of the prosecution is that on the

complaint filed by one Nandeeshwara Aradhya to the

police on 18.03.2022 alleging that after accused came

to Bangalore on 18.03.22 he took his Motor Cycle

from bus stand and when himself and his wife were

going to his village at night hours at 9.45 p.m. a car

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came and intercepted them and two persons came

and got down from the car and by showing weapons

snatched the gold chain of his wife measuring 77 gms

Mangalya Gold Chain and also snatched the mobile

phone and they went in car. After registering the case

police said to have arrested this petitioner on

22.6.2022 and he was remanded to judicial custody.

The investigation is said to be completed, charge

sheet has been filed. The bail petition of the

petitioner came to be rejected by the Session Judge.

Hence he is before this Court.

4. Upon hearing the arguments and perusal of

the records, which reveals ofcourse the case was

registered

against

unknown

persons

and

this

petitioner said to be arrested and seized with 33 gms

of gold pertained to this case and also 25 gms of gold

belonging to some other crime number. Learned

HCGP submits that he is involved in 3 more cases

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which were registered in (1) Crime No.21/2022,

Midikeshi Police Station registered under Section 379

of IPC, (2) Crime No.83/2022 registered by Gudibande

Police Station for offence punishable under Section

392 of IPC and (3) Crime No.167/2021 in Uppinangadi

police station for offence punishable under Section

392 of IPC. The weapons, as well as the gold

ornaments were sized by the police pertaining to their

various crimes. Learned HCGP submits, if released on

bail he may commit similar offences, is not ruled out.

Though the learned counsel for petitioner submits, he

is in only one case, but the fact remains he is involved

in four other cases along with the other accused

persons. All of the above offences are robbery cases.

Therefore, if petitioner is granted bail, there is every

possibility of committing similar offences and abscond

from the case, is not ruled out. Therefore I am of the

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view that the petitioner is not entitled to be released

on bail.

Accordingly, petition filed by petitioner/accused

is hereby dismissed.

Sd/-

JUDGE

AKV

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