IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 15^TH DAY OF FEBRUARY, 2021

BEFORE

THE HON’BLE MR.JUSTICE K. NATARAJAN

CRIMINAL PETITION NO.100284/2021

BETWEEN:

SHRI.SHUBHAM S/O RAJU BHATKANDE

AGE: 25 YEARS, OCC: COOLIE,

R/O. H.NO.08, VAIBHAV NAGAR,

BELAGAVI-590010

...PETITIONER

(BY SRI. ASHOK A. NAIK, ADVOCATE)

AND:

STATE OF KARNATAKA

THROUGH TILAKWADI P.S.,

BELAGAVI,-590006

REP. BY STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

DHARWAD BENCH, DHARWAD.

…RESPONDENT

(BY MS. SEEMA SHIVA NAIK, HCGP)

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THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,

SEEKING TO RELEASE THE PETITIONER/ACCUSED NO.2 ON BAIL IN

CC NO.11/2021 (CRIME NO.88/2020 OF TILAKWADI PS, BELAGAVI)

PENDING ON THE FILE OF IV J.M.F.C, BELAGAVI FOR THE

OFFENCES PUNISHABLE U/SEC.394 OF IPC 1860.

2

THIS

PETITION

COMING

ON

FOR

ORDERS

THROUGH

PHYSICAL HEARING/VIDEO CONFERENCING HEARING THIS DAY,

THE COURT MADE THE FOLLOWING:

ORDER

This petition is filed by the petitioners/accused Nos. 1 and 2

under Section 439 Cr.P.C. for grant of regular bail in Crime

No.88/2020 registered by the Tilakwadi Police, Belagavi, for the

offences punishable under Section 394 of IPC, pending on the file of

the IV JMFC, Belagavi in CC No.11/2021.

2.

The case of the prosecution is that, on the complaint of

one Smt.Shobha Gururaj Katwate filed on 01.12.2020 at 0015

hours, alleging that two persons came to their house on 29.11.2020

under the guise of repairing washing machine and they went back.

Again on 30.11.2020 at 7.30 pm, they came inside the house for

the purpose of repairing of washing machine to put some spare

parts. While repairing the washing machine, at about 9.00 pm,

they called the complainant and assaulted her by closing her mouth

and she became unconscious. At 10.15 pm, when she gained her

consciousness, the neighbors and her husband were also present

and she came to know that accused persons removed her golden

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mangalasutra, chain and bangles. She also came to know that they

robbed the golden chain and ring of her husband by assaulting him.

Thus it is alleged that the accused robbed the golden ornaments

worth `3,50,000/- and also robbed cash of `25,000/- kept in the

treasury and two mobile phones from their house. After

registering the case, the police arrested the petitioners/accused

Nos.1 and 2 during investigation on 04.12.2020 and recovered the

golden ornaments as well as cash along with two mobile phones.

After recovery they have been produced before the Magistrate and

in turn they have been remanded to the judicial custody. They

approached the Magistrate for grant of bail, which came to be

rejected. Hence they approached the Sessions Judge for bail, which

also came to be rejected on 04.01.2021. Hence they are before

this Court.

3.

Learned counsel for the petitioners contended that the

petitioners are innocent of the alleged offences. They have been

falsely implicated in the case. Even otherwise, the alleged robbed

golden ornaments and cash has been recovered by the police on

04.12.2020. The petitioners are in custody for almost more than

4

two months. Now the investigation is completed and charge sheet

has been filed. Therefore, their presence is no more required.

Hence he prayed for grant of bail to the petitioners.

4.

Per contra, learned HCGP objected to the bail petition

and contended that the petitioners have committed robbery by

causing injury to the complainant and her husband. They robbed

golden ornaments worth `3,50,000/- and cash of `25,000/- apart

from robbing mobile phones of the complainant and her husband

and the same were recovered by the police from the custody of

petitioners, which shows there are prima facie materials against the

accused for having committed the offence. If the petitioners are

released on bail, the chances of they committing similar offences

and absconding from the case is not ruled o