Sri. Amith Gyari vs The State Of Karnataka
29 May, 2023
Bench: Hon’ble Mohammad Nawaz
Introduction:
In a recent case filed under Section 439 of the Criminal Procedure Code (Cr.P.C), the court addressed the bail application of accused Nos. 1 to 7 in Cr.No. 65/2023 of the Doddapete police station. The charges against the accused included offenses under Sections 399 and 402 of the Indian Penal Code (IPC) and Section 25(1)(a) of the Indian Arms Act, 1959. After considering the arguments presented by the learned counsel, the court partially allowed the petition, dismissing it as infructuous for accused Nos. 1 to 5 who were already on statutory bail. However, the court granted bail to accused Nos. 6 and 7, highlighting the lack of sufficient material against them and the absence of incriminating evidence in their possession.
| Statute | Section | Content |
| Code of Criminal procedure | 439 | A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody. |
| Indian Penal Code | 399 | Punishment for whoever makes any preparation to commit dacoity |
| 402 | Punishment for assembling for the purpose of committing dacoity | |
| Indian Arms Act | 25(1)(a) | Punishment for possession, sale or attempt to sale, or manufacture of firearms |
The Allegations and Arrest:
According to the complaint lodged by the Police Sub-Inspector (PSI) of Thunganagara police station, credible information was received on 15.02.2023 that a group of individuals was preparing to commit dacoity. Acting upon this information, the PSI apprehended accused Nos. 1 to 5 at Pallavi Tourist Lodge and seized weapons and chili powder from their possession. On 17.02.2023, accused Nos. 6 and 7 were arrested based on the information provided by accused Nos. 1 to 5. However, apart from the voluntary statements made by accused Nos. 1 to 5, there was no substantial material against accused Nos. 6 and 7, and no incriminating articles were recovered from them.
The Court’s Decision:
In light of the circumstances, the court rendered its decision, dismissing the petition as infructuous for accused Nos. 1 to 5 who were already on statutory bail. As for accused Nos. 6 and 7, the court granted them bail in Cr.No. 65/2023 of Doddapete Police Station, subject to certain conditions. The conditions included executing a personal bond of Rs. 50,000 each with two sureties, providing proof of their residential address, refraining from tampering with prosecution witnesses, abstaining from committing any further offenses, and appearing before the trial court regularly.
Analysis:
The court’s decision reflects a careful evaluation of the evidence and charges against the accused. Recognizing that accused Nos. 1 to 5 were already on statutory bail, the court dismissed their portion of the petition as infructuous. However, it acknowledged the lack of substantial material and incriminating evidence against accused Nos. 6 and 7, leading to their bail being granted. The conditions imposed on their bail aim to ensure their compliance with legal procedures and maintain the integrity of the ongoing investigation and trial.
Conclusion:
The granting of bail in CRL.P No. 3303 of 2023 showcases the court’s commitment to a fair and just legal process. By dismissing the petition as infructuous for accused Nos. 1 to 5 and granting bail to accused Nos. 6 and 7, the court strikes a balance between the presumption of innocence and the need for lawful proceedings. The decision emphasizes the importance of presenting substantial evidence and respecting the principle of “innocent until proven guilty.” As the trial progresses, it will be crucial to monitor how the case unfolds and whether justice is served for all parties involved.
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JUDGEMENT REVIEWED BY SHREEYA S SHEKAR
