Likith V & Ors vs State Of Karnataka

Shivashankar Amarannavar, J

This petition is filed by petitioner Nos.1 and 2 under Section 439 of Cr.P.C. praying to grant bail in S.C.No.71/2022 (Crime No.65/2021 of Nagamangala Town Police Station), pending on the file of V Additional District and Sessions Judge, Mandya, registered for offences under Sections 394 and 397 of IPC.

Learned counsel for petitioner has filed a memo not pressing the petition so far as petitioner No.2/accused No.2 is concerned. Based on the said memo the case by petitioner No.2/accused No.2 has been dismissed as not pressed.

Heard learned counsel for petitioner and learned HCGP for respondent/State.

Learned counsel for petitioner would contend that the prosecution has already examined 12 witnesses. Out of them only one witness i.e. the complainant has supported the case of prosecution and other witnesses have turned hostile and not supported the case of prosecution. The complainant has not identified the accused persons. Now only official witnesses are to be examined. Petitioner No.1/accused No.1 is in jail since last more than 4 years. Out of 9 cases registered against the petitioner, he has been granted bail in 7 cases. With this, he prayed to allow the petition.

Per contra, learned HCGP contends that petitioner No.1/accused No.1 is having criminal antecedents and involved in 10 crimes for similar offences. The details of which are mentioned in column 17 of the charge sheet. If the petitioner is granted bail, there are chances of him committing similar offence. The offence alleged against the petitioner is punishable with imprisonment which may extend up to 10 years. The charge sheet material show prima-facie case against the petitioner for the offences alleged against him. With this, he prayed to reject the petition.

Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record.

As per the charge sheet, the case of the prosecution is that on 26.04.2021 when CW.1 was returning to home on her scooter at about 08.15 p.m. accused Nos.1 and 2 came on a bike which was not having number plate and stopped CW.1. Accused No.1 has shown the knife and threatened to stab her and snatched the golden mangalya chain containing one Taali, two devarkasu, four golden beads and thereafter held her tuft and pushed her to the road and both went away on their bike. As a result, CW.1 sustained injury on her neck, left leg, left hand, left shoulder. The prosecution has already examined 12 witnesses and it has to examine the remaining prosecution witnesses. On perusal of column 17 of the charge sheet, it indicates that total 10 crimes are registered against the petitioners for similar offences like Section 392, 394, 384 of IPC. Considering the same petitioners are having criminal antecedents committing similar offences. If petitioner No.1/accused No.1 is granted bail, there are chances of he again committing similar offence and threatening the remaining prosecution witnesses.

Considering the above aspects petitioner No.1/accused No.1 has not made out any ground for grant of bail. In the result, the petition is dismissed.