IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.3057/2019 BETWEEN:
1. ABDHUL WAHAB, S/O LATE SAB JAN, AGED ABOUT 24 YEARS, R/A KALLESHWARA BADAVANE, HOSADURGA TQ, CHITHRADURGA DISTRICT – 577 527.
2. NOORULLA @ VIJAY, S/O SAMEEVULLA, AGED ABOUT 22 YEARS, R/A GAFOOR COLONY, HOSADURGA TALUK, CHITRADURGA DISTRCIT – 577 527.
... PETITIONERS (BY SRI.H.MALATESH, ADV.) AND:
THE STATE – THROUGH THE POLICE INSPECTOR, BARKE POLICE STATION, MANGALURU.
(REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE)- 01.
(BY SRI. K.P.YOGANNA, HCGP) ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN C.C. NO.1013/2019 ARISING OUT OF CR.NO.46/2018 OF BARKE POLICE STATION, MANGALURU CITY FOR THE OFFENCE P/U/S 120-B, 364, 323, 395, 397, 201 R/W 149 OF IPC, ON THE FILE OF JMFC III COURT, MANGALURU CITY.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioners and learned High Court Government Pleader for the respondent. Perused the records.
2. Petitioners are arraigned as accused Nos.5 and 6 in C.C. No.1013/2019 for the offences under Sections 120-B, 364, 323, 395, 397, 201 read with Section 149 of IPC. The First Information Report discloses that a complaint was lodged by complainant by name Prakash K. against four unknown persons stating that on 30.03.2018 at about 9.30 p.m. when the complainant was near Saiben Complex at Mangaluru in his car bearing No.KA-21/B- 7151, four unknown persons came there and took the said car on rent. The complainant took the said car along with those four persons. When the car was on Padubidre - Karkala road it was stopped by those four persons and in fact, those four persons at the tip of a knife asked the complainant to get down from the car and thereafter they forcefully administered liquor to him and thereafter took away the said car along with the complainant and near Hebri forest road, they threw away the complainant and took away the said car with four mobile phones which were kept in the car. On these allegations, police have registered a case against the petitioners and others.
3. It is submitted by the learned counsel for the petitioners that during the course of investigation identification parade has been conducted. However the complainant has not identified the petitioners herein as assailants or culprits. Learned counsel also submitted that only on the basis of the voluntary statement of accused No.1 names of these persons were also incorporated.
4. Learned HCGP submitted that these two persons were also present in two separate cars at some distance but a case has not been made out to ascertain whether these two persons were in some other cars with the intention of helping other accused persons.
5. In the above said circumstances, petitioners who are arrested and already in custody are entitled to be enlarged on bail. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioners shall be released on bail in connection with C.C.No.1013/2019 on the file of JMFC III Court, Mangaluru, registered against them for the offences punishable under Sections 120-B, 364, 323, 395, 397, 201 read with Section 149 of IPC, subject to the following conditions:
(i) The petitioners shall execute their respective personal bond for a sum of Rs.1,00,000/- each with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioners shall not indulge in tampering the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against them is disposed of.
sac* Sd/-
JUDGE