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Pradeep v/s State of Karnataka, Rep. by State Public Prosecutor


Company & Directors' Information:- REP CORPORATION PRIVATE LIMITED [Strike Off] CIN = U26921TN2005PTC055138

Company & Directors' Information:- G E CO PUBLIC LIMITED [Strike Off] CIN = U36900WB1951PLC021802

    Criminal Petition No. 3217 of 2020

    Decided On, 27 August 2020

    At, High Court of Karnataka

    By, THE HONOURABLE MR. JUSTICE R. DEVDAS

    For the Petitioner: K.G. Kumara, Advocate. For the Respondent: Mahesh Shetty, HCGP.



Judgment Text


(Prayer: This Criminal Petition is filed Under Section 439 of the Cr.P.C praying to enlarge the petitioner on Bail in Cr.No.363/2011 (S.C.No.20/2020) (C.C.No.3694/2012) of Kyathasandra P.S., Tumkuru District for the offence p/u/s/ 395 of IPC.)

Through Video Conference:

Order (Oral):

1. This criminal petition filed under Section 439 of Cr.P.C., seeks enlargement of the petitioner on bail in C.C.No.3694/2012 (in Cr.No.363/2011) filed by the respondent-Kyathasandra Police Station on the file of Principal Civil Judge (Jr. Dn) and JMFC., Tumakuru District, Tumakuru for the offence punishable under Section 395 of I.P.C., which is at present pending on the file of the Principal District and Sessions Judge, Tumakuru in S.C.No.20/2020.

2. Learned counsel for the petitioner submits that according to the complaint, the incident took place on 04.11.2011 and according to the complainant, the petitioner and other accused persons with an intention to commit dacoity have taken the car of the complainant on hire basis stating that they were proceeding to Shivamogga on a trip. When the complainant was driving the car near Manchakallu Kuppe, one of the accused persons requested him to stop the car as he intended to answer nature call. When the complainant stopped the car at about 11.30.p.m., the petitioner and other accused persons assaulted the complainant with chopper and caused grievous hurt and thereafter took away the Innova car. It is submitted that after investigation, the police have filed absconding charge sheet against the petitioner and other accuse persons in C.C.No.3694/2012 for the alleged offence punishable under Section 395 of I.P.C. After lapse of nine years, police have traced the accused persons and produced them before the JMFC Court and the said Court had committed the case to the Sessions Court in S.C.No.20/2020. The accused/petitioner is in judicial custody.

3. The petitioner had filed a petition under Section 439 of Cr.P.C., for release of bail, before the Sessions Court. The Sessions Court by order dated 11.06.2020 rejected the bail petition mainly on the ground that the petitioner was absconding and after issuance of Non-Bailable Warrant, the petitioner was arrested and produced before the Court.

4. Learned HCGP submits that there are several criminal cases pending against the petitioner and he is an habitual offender.

5. In this regard, learned counsel for the petitioner has placed reliance on a judgment of the Hon'ble Supreme Court in the case of Shri Thukchuk Lachungpa Vs. The State of Sikkim, reported in IV (2000) CCR 235 SC and an unreported judgment of this Court in the case of Shri.Omkar Vs. State of Karnataka in Crl.P.No.100679 of 2019, decided on 03.06.2019, at Dharwad Bench.

6. Having heard the learned counsel for the petitioner and learned HCGP, this Court finds that the similar contentions regarding the petitioner being an habitual offender was considered by a co-ordinate Bench in the case of Shri.Omkar (supra). The definition of "habitual offender" as defined under Section 2 (e) of the Karnataka Habitual Offenders Act, 1961 was noticed and it was held that for a person to be called as an "habitual offender" he should have been sentenced on conviction for not less than three occasions, after he attains the age of majority. No such information is forthcoming from the respondent to show that the petitioner was sentenced and convicted for not less than three occasions. The Hon'ble Supreme Court in the case referred by the learned counsel for the petitioner has also held that the argument that the petitioner was involved in a number of criminal cases earlier is not enough to deny him bail. However, the Hon'ble Supreme Court held that the said aspect would persuade the Courts to impose some stringent conditions on the petitioner while releasing him on bail.

7. Consequently, this Court proceed to pass the following:

ORDER

The criminal petition filed by the petitioner under Section 439 of Cr. P.C., is allowed.

1) The petitioner shall be released on bail on his executing a personal bond in a sum of Rs.2,00,000/- [Rupees Two Lakhs only] with two sureties for the likesum to the satisfaction of the committal Court/trial Court.

2) The petitioner shall not tamper with the prosecution witnesses either directly or indirectly and he shall not hamper the case of prosecution in any manner.

3) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the learned Sessions Judge.

4) The petitioner shall mark his attendance before the jurisdictional Police Station, once every month until further orders/conclusion of the trial.

5) The petitioner shall be regular in attending the trial proceedings and he shall co-operate for expeditious disposal of the case.

6) The petitioner shall furnish

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his correct address and shall intimate change of address, if any. 7) The petitioner shall not involve in any criminal activities. 8) Since, it was submitted by the learned HCGP that the petitioner may be required for Test Identification Parade, the petitioner is hereby directed to make himself available for the Test Identification Parade as and when called for by the respondent- police. 9) If any of the above condition/s is/are violated, the prosecution is at liberty to move for cancellation of the bail granted.
O R







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