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HIGH COURT OF KARNATAKA
BHIMU AND ANR – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
CRL.P/200478/2018
Crl.P.No.200466/2018
C/w Crl.P.No.200478/2018
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 22nd DAY OF JUNE, 2018
BEFORE
THE HON’BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL PETITION NO.200466/2018
C/w
CRIMINAL PETITION NO.200478/2018
In Crl.P.No.200466/2018
BETWEEN:
1. Muttu S/o Shankar Yantman,
Age: 23 years, Occ: Agriculture,
2. Santosh S/o Galib Yantman,
Age: 19 years, Occ: Agriculture,
3. Bandenavaj S/o Lalsab Soudagar,
Age: 36 years, Occ: Agriculture,
All the petitioners are R/o Almel,
Tq: Sindagi, Dist: Vijayapura-586202.
... Petitioners
(By Sri R.S.Lagali, Advocate)
AND:
The State of Karnataka,
Through the PSI, Almel P.S.
Rep. by the Addl. State Public Prosecutor,
High Court of Karnataka,
Crl.P.No.200466/2018
C/w Crl.P.No.200478/2018
2
Kalaburagi Bench-585102.
... Respondent
(By Sri Mallikarjun Sahukar, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C. praying to allow the petition and thereby release
the petitioners on bail in Criminal Case No.63/2018
(arising out of Almel P.S., Crime No.39/2018) pending on
the file of Senior Civil Judge & JMFC Court, Sindagi for the
offences punishable under Sections 399 and 402 of IPC.
In Crl.P.No.200478/2018
BETWEEN:
1. Bhimu S/o Yallappa Harijan,
Age: 38 years, Occ: Agriculture,
2. Shrikant S/o Hajappa Bommanahalli,
Age: 32 years, Occ: Agriculture,
Both are R/o Almel, Sindagi Taluka,
Dist: Vijayapura-586101.
... Petitioners
(By Sri Shivanand V. Pattanshetti, Advocate)
AND:
The State of Karnataka
R/by Addl. SPP,
Kalaburagi Bench-585106
(Through Almel P.S.
Dist: Vijayapur)
... Respondent
(By Sri Mallikarjun Sahukar, HCGP)
Crl.P.No.200466/2018
C/w Crl.P.No.200478/2018
3
This Criminal Petition is filed under Section 439 of
Cr.P.C.
praying
to
grant
the
regular
bail
to
the
petitioners/accused Nos.5 and 6 in C.C.No.63/2018 (Almel
P.S. Crime No.39/2018) for the offences punishable under
Sections 399 and 402 of IPC pending on the file of JMFC
Court at Sindagi, Dist: Vijayapur.
These petitions are coming on for orders this day,
the Court made the following:
ORDER
Heard.
2.
Since these two petitions arise out of the
same crime number, they are taken-up for disposal by
this common order.
3.
Petitioners in Crl.P.No.200466/2018 are
accused
No.2
to
4
and
petitioners
in
Crl.P.No.200478/2018 are accused Nos.5 and 6 in
Crime No.39/2018 of Almel Police Station. Aleml Police
charge sheeted the petitioners and the first accused in
the said case for the offences punishable under
Sections 399 and 403 IPC on the complaint of CW.1 –
Crl.P.No.200466/2018
C/w Crl.P.No.200478/2018
4
Anilkumar, the Police Sub-Inspector of Almel Police
Station.
4.
It is alleged that on
03.02.2018
at
00.45 hours near Bommanahalli Cross of Almel
Devangao road, the accused were found making
preparations for committing dacoity and were armed
with iron rods, clubs, rope and chilly power in the
Bolero Jeep No.KA-28-NC-8294. It is alleged that the
said vehicle and the weapons were seized under the
mahazar by the police squad.
5.
The maximum punishment prescribed for
the
offence
is
10
years
imprisonment.
The
incriminating materials are already seized. However so
far as accused Nos.2, 3 and 5 it is submitted that they
are
involved
in
another
case
for
the
offence
punishable under Section 307 IPC. Accused Nos.2 and
3 are charge sheeted in the Crime No.131/2017 of
Almel Police Station for the offence punishable under
Crl.P.No.200466/2018
C/w Crl.P.No.200478/2018
5
Sections 25 and 27 of the Arms Act also along with
Section 307 IPC.
6.
All the accused are said to be rowdy
sheeters of Almel Police Station. Having regard to the
fact that accused Nos.2 and 3 were involved in a case
under the Arms Act, it is not a fit case to grant bail to
them.
7.
So far as the other petitioners since
investigation is already concluded they can be granted
bail
with
suitable
conditions.
Therefore,
Crl.P.No.200466/2018
is
partly
allowed
and
Crl.P.No.200478/2018 is allowed.
8.
