1
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:
2
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
3
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
4
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
5
view that the petitioner is not entitled to be released
on bail.
Accordingly, petition filed by petitioner/accused
is hereby dismissed.
Sd/-
JUDGE
AKV