Ashok Reddy S/o Sheshappa Kasle v. State of Karnataka through Bhalki Town Police Station, represented by Addl. State Public Prosecutor High Court of Karnataka, Kalaburagi Bench
2017-02-06
B.A.PATIL
body2017
DigiLaw.ai
ORDER : This petition is filed by the petitioners/accused No.3 under Section 439 of Cr.P.C., seeking regular bail in Crime No. 259/2015 (S.C. No.272/2016) of Bhalki Town Police Station, registered for the offences punishable under Sections 328 and 420 of IPC and also under Section 78(3) of Karnataka Police Act. 2. Brief facts leading to filing of the complaint are that, on 03.07.2015, the complainant P.S.I. received a credible information that some persons were cheating the public by collecting money from them under the guise of paying Rs.80/for Rs.1/and selling some prohibited drugs near Ambedkar Circle Bhimnagar Bhalki. Immediately, along with panch witnesses and staff, they went to the spot and there they noticed that some 7 persons have indulged in matka gambling; immediately the raid was conducted and accused No.1 was apprehended and the other accused persons ran away from the spot; thereafter, on conducting the search, he seized the Matka chits, ball pen, one plastic bottle and cash of Rs.220/from accused No.1 under panchnama. Thereafter he lodged a complaint against the accused persons. On the basis of the said complaint, a case has been registered against the accused persons for the offences punishable under Sections 328 and 420 of IPC and Section 78(3) of Karnataka Police Act. After completion of the investigation charge-sheet has been filed and during the course of investigation, other accused persons have also been apprehended and now they are in judicial custody. 3. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for respondent-State. 4. The main grounds urged by the learned counsel for the petitioner are that the alleged offences are not punishable with death or imprisonment for life, petitioner is not the habitual offender and the police have apprehended the accused with an intention to harass and humiliate them. It is also contended that already the charge-sheet has been filed, therefore, the petitioner is not required for the purpose of further interrogation and investigation. It is further contended that if the petitioner is released on bail, he is ready to abide by the conditions to be imposed by this Court and ready to offer sureties. On these grounds, he prays for allowing the petitions. 5.
It is further contended that if the petitioner is released on bail, he is ready to abide by the conditions to be imposed by this Court and ready to offer sureties. On these grounds, he prays for allowing the petitions. 5. On the contrary, learned High Court Government Pleader appearing for the respondent-State vehemently contended that earlier also the petitioner has committed the similar type of offence and he is the habitual offender. He has also contended that at this juncture, if the petitioner is released on bail, again he may indulge in similar criminal activities, he may abscond and he may not be available for trial. He further contended that no good grounds are made out by the petitioner to release him on bail. On these grounds, he prays for dismissal of the petition. 6. I have gone through the copy of the FIR, complaint and other material produced along with the petitions. 7. By going through the contents of the complaint, it reveals that on receiving a credible information, the police have immediately went to the spot and raided; there they have apprehended accused No.1 and thereafter during the course of investigation other accused persons have also been apprehended and after investigation the charge-sheet came to be filed. Even though the learned High Court Government Pleader has contended that the petitioner has involved in many cases and he is the habitual offender, but the offences leveled against the petitioner are not punishable with death or imprisonment for life. Leave apart this, when already the charge-sheet has been filed, the petitioner is not required for further interrogation or investigation and when he is ready to abide by the conditions to be imposed by this Court and ready to offer sureties, under such circumstances, I feel that by imposing some stringent conditions if the petitioner is released on bail, it is going to meet the ends of justice and the objections raised by the learned High Court Government Pleader. 8. For the above reasons, the petition is allowed and petitioner/accused No.3 is ordered to be released on bail, subject to the following conditions: i. The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two solvent sureties for the likesum to the satisfaction of the jurisdictional Court; ii. The petitioner shall not tamper with the prosecution witnesses directly or indirectly; iii.
The petitioner shall not tamper with the prosecution witnesses directly or indirectly; iii. The petitioner shall make himself available to the Investigating Officer as and when required; iv. The petitioner shall appear before the trial Court regularly on all the dates of hearing without fail.