The petitioner/accused No.1 has filed this petition under Section 439 of Cr.P.C. for enlarging him on bail in SC No.33/2021 arising out of Crime No.78/2020 of Bevoor Police Station, Koppal District, registered for the offences punishable under Sections 457, 458, 380, 382 and 201 of IPC and under Section 25(1)(A) of Arms Act, pending on the file of the Principal District and Sessions Judge, Koppal.
2. The brief factual matrix leading to the case are that, on 23.09.2020 at about 6.00 ‘O’ Clock after completion of routine work, the complainant and all the bank employees have locked the Karnataka Grameena Bank at Bevoor Branch and went to their respective homes. On 24.09.2020 in the morning at 7.00 ‘O’ Clock it is noticed that some one has entered the Bank by breaking open the main door of the bank and the complainant immediately after having knowledge went to the spot and found that CC- TV wires were disconnected and by using Oxygen Cylinder and Gas Cylinder and Gas Cutters, break opened the lockers of the strong room and committed theft of gold articles weighing 3 Kgs. 761 grams worth Rs.1,24,80,333/- and also cash of Rs.21,75,572/- was stolen. In this regard, the complaint came to be lodged.
3. On the basis of the said complaint, during the course of investigation, some of the accused persons were arrested and on interrogation, the name of the present petitioner, who is arraigned as Accused No.1 was revealed and he was also arrested, and gold jewellery weighing 164.65 grams and also a Maruthi Car and one Oppo mobile phone used for commission of the offence were recovered at the instance of the present petitioner. The petitioner is the resident of Sollapur in Maharashtra and he was produced before the Court and remanded to judicial custody. Initially he has filed a bail petition under Section 167 of Cr.P.C. and sought for statutory bail and it was also rejected and hence, now he has come-up before this Court with regular bail petition.
4. Heard the learned counsel for the petitioner/Accused No.1 and the learned HCGP for the Respondent-State, Perused the records.
5. Having heard the arguments and perusing the records, it is evident that, it is a bank robbery case. The Karnataka Grameena Bank situated in Bevoor Village in Koppal District was targeted and theft was committed on the intervening night of 23.09.2020 and 24.09.2020, The allegations disclose that 3 Kg 761 grams gold worth Rs.1,24,80,333/- and cash of Rs.21,75,572/- were stolen and for committing the offence, the main door of the bank was broken and the CC-TV was disconnected. Further by, Gas Cylinders and Gas Cutters, the lockers were break open and theft was committed. It is not the simple offence and it is commission of theft in the bank that too the property belonging to the customers.
6. The records disclose that at the instance of Accused No.1, 164.65 grams of jewelry items were recovered along with a Maruti Car, and the PF is also filed by drawing mahazar in this regard. It is also evident that petitioner is involved in similar offences in Badami Police Station, Bagalkot District in Crime No.07/2019 and he is also involved in one case in Crime No.39/2022 of Andhra Pradesh under Section 392 of IPC and in respect of offence under Sections 454, 457 and 380 of IPC in Crime No.450/2018 of Shirole Police Station of Maharashtra State, pending before the Court at Jairsingapur in Maharashtra. Hence, it is evident that the petitioner is a habitual offender and the stolen amount was huge and targeted area was the bank. Further, the allegations also disclose that the petitioner is the master mind of the commission of said offences and he mobilized all the other accused in committing the offence.
7. Looking to the above circumstances, this is not a fit case wherein the discretion can be exercised in favour of the petitioner. Hence, the petition being devoid of any merits, does not survive for consideration and accordingly it stands rejected.
