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In the High Court of Karnataka Dharwad Bench Dated This the 05 Th Day of August 2015 Before the Hon’Ble Mr

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In the High Court of Karnataka Dharwad Bench Dated This the 05 Th Day of August 2015 Before the Hon’Ble Mr 1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 05 TH DAY OF AUGUST 2015 BEFORE THE HON’BLE MR. JUSTICE PRADEEP D.WAINGANKAR CRIMINAL PETITION.NO.100955/2015 BETWEEN PRAVEEN S/O. IRAPPA MUDENUR AGE: 35 YEARS OCC: AGRICULTURE R/O. NEAR BANASHENKARI TEMPLE NEKAR COLONY, HUBLI ... PETITIONER (BY SRI. A G MULAWADMATH, ADV.,) AND THE STATE OF KARNATAKA R/BY SPECIAL PUBLIC PROECUTOR HIGHCOURT OF KARNATAKA DHARWAD (GANDHINAGAR PS BALLARI) ... RESPONDENT (BY SMT. VEENA HEGDE, HCGP) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. SEEKING TO ENLARGE THE PETITIONER ON BAIL 2 IN GANDHI NAGAR P.S. CRIME NO.55/2014 FOR THE OFFENCE P/U/S 379 OF IPC. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:- O R D E R This petition is one under Section 439 of Cr.P.C. for enlargement of the petitioner/accused No.3 on bail in Crime No.55/2014 of Gandhinagar Police Station, Ballary for the offences punishable under Section 379 of IPC. 2. On the basis of the complaint lodged by one Kiran Kumar regarding the theft of his motorcycle bearing registration No.KA-34/EA-9090, Gandhinagar police station registered a case against the petitioner/accused for the offence punishable under Section 379 of IPC. During the course of the investigation, the petitioner was arrested and produced before the jurisdictional Magistrate who inturn remanded him to jurisdictional custody. Application filed by him for his enlargement on bail before the Sessions Judge came to be 3 rejected. He has been in custody since six months. Therefore, he has filed this petition for his enlargement on bail on the ground that he has been falsely implicated, he is ready to abide by any conditions that may be imposed by the Court and ready to offer cash security and to cooperate with the investigating agency. 3. Learned Government Pleader has objected for the grant of bail mainly on the ground that the petitioner is habitual offender. As many as eight criminal cases are pending against him and if he is enlarged on bail, he would commit similar offence. 4. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondent-State. Perused the records. 5. The fact that as many as eight criminal cases are pending against accused is not seriously disputed by the learned counsel for the petitioner. They are all theft cases. The alleged 4 offence is not punishable with death or imprisonment for life. It is triable by the Magistrate. The petitioner is stated to be a habitual offender and therefore the Court should be more cautious in granting the bail to this type of person. It is submitted that he had been in judicial custody for more than six months. Moreover, he is ready to offer cash security. Therefore, having regard to the nature of offence, the punishment prescribed for the offence and that he is ready to offer cash security, I deem it just and proper on my part to enlarge him on bail. Accordingly, I pass the following ORDER The petition is allowed. The petitioner-accused No.3 is hereby enlarged on bail in Crime No.55/2014 of Gandhinagar Police Station, Ballary, on his offering a cash security for Rs.20,000/- (Rupees Twenty Thousand Only) with a surety for the likesum to the satisfaction of the Magistrate and subject to the following conditions: 5 i) He shall not tamper with the prosecution witnesses or hamper the process of investigation. ii) He shall be punctual in attending the Court on all hearing dates. iii) He shall not leave the jurisdiction of the Ballary and Dharwad District without prior permission of the jurisdictional Magistrate. Sd/- JUDGE PMR.
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