Dhansing vs The State

B.V. Pinto, J.—This petition is filed seeking bail in Crime No. 254/2012 of University Police Station registered on 21.10.2012 for offence u/s 395 of I.P.C. on the basis of complaint of one Shivaji.

It is stated in the complaint that on 20.10.2012 at about 5:00 p.m. complainant had gone to Davangeri to load goods in his lorry bearing Reg. No. KA-41-2232 and thereafter he was driving the said lorry 2 k.m. ahead from Sannur cross at about 11.00 p.m. and at that time five persons came on two motorcycles by holding jambya and rod. Three persons came inside his cabin and one person snatched a sum of Rs. 1,000/- whereas another person assaulted him and threatened that if he would disclose about the incident they will take away his life. The complainant had identified the TVS victor vehicle and has noted its number. The said persons fled away. The complainant thereafter parked his truck near the petrol bunk on the ring road in Gulbarga and informed his owner. On the basis of the said information case came to be registered. During investigation it was disclosed that petitioner and five others were involved in the incident. It was disclosed that petitioner was laying watch on the on coming vehicle by standing behind the vehicle whereas other accused had snatched the money and assaulted the driver. After completion of investigation charge sheet has been filed and since the petitioner was absconding a split up case was registered against him by the learned Magistrate.

Sri Ramesh Kumar, learned counsel for the petitioner submits that the name of petitioner is not found in the FIR and that a false case has been registered against him. The petitioner came to know about the involvement only when warrant was issued against him. It is stated that petitioner is a law abiding citizen and he would be regular in attending the Court. Hence, he submits that bail may be granted.

Sri S.S. Aspalli, learned HCGP on the other hand submits that the petitioner is involved in three other cases namely Crime No. 122/2012 of Farhatabad police station for offence u/s 395 of I.P.C., Crime No. 123/2012 for offence u/s 395 of I.P.C. and Crime No. 124/2013 for offence u/s 395 of I.P.C. that the petitioner is a habitual offender. Hence, he submits that the application for bail may be rejected.

Offence u/s 395 of I.P.C. is serious in nature, in that the same is punishable with imprisonment for life or RI for 10 years. In all four cases of similar nature are pending against the petitioner. In view of the same, I am of the view that petitioner is not entitled for bail. Accordingly, petition is rejected.