IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MAY, 2019 BEFORE:
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.3218 OF 2019 BETWEEN:
1. ABDUL VAHAB IBRAHIM, AGED ABOUT 36 YEARS, SON OF BADAKERE IBRAHIM, RESIDENT OF NEERONI, MARAVANTHE VILLAGE, BYNDOOR TALUK-576 224.
2. GIRISH DEVADIGA, AGED ABOUT 28 YEARS, SON OF NARAYANA DEVADIGA, RESIDENT OF NEERONI, MARAVANTHE VILLAGE, BYNDOOR TALUK-576 224.
3. RAHINA, AGED ABOUT 21 YEARS, DAUGHTER OF MOHAMMED, RESIDENT OF NADAGUDDE, ANGADI, SENAPURA VILLAGE, KUNDAPURA VILLAGE-576 235.
[BY SRI. K.A. THANAKALEEL, ADVOCATE] AND:
THE STATE OF KARNATAKA BY GANGOLLI POLICE STATION, UDUPI DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, ... PETITIONERS HIGH COURT OF KARNATAKA-560 001. ... RESPONDENT [BY SRI.NASRULLA KHAN, HCGP] THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.30/2019 OF GANGOLLI POLICE STATION, UDUPI FOR THE OFFENCE P/U/S 395 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners have filed this petition seeking anticipatory bail in connection with Crime No.30/2019 registered by the Gangolli Police Station for the offence punishable under Section 379 of IPC.
2. I have heard the learned counsel appearing for the petitioners and the learned HCGP.
3. It is the case of the prosecution that on 10.04.2019 at about 4.00 a.m., the complainant – PSI of Gangolli and his staff on receiving a credible information that some persons are loading the sand to a tipper lorry bearing registration No.KA-19-B-5512 near Sowparnika River, Maravanthe Village, rushed to the said spot at about 5.00 a.m., and found that few persons were loading the sand to the tipper lorry. Seeing the complainant and others, the accused persons ran away from the spot. The tipper lorry was seized from the spot.
4. The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence. The petitioner No.3 is the owner of the tipper lorry and she has been implicated only on the ground that the tipper lorry was owned by her. He also submitted that the petitioners were not at all present at the spot and false case has been registered against them. He further submits that the petitioners are ready and willing to abide by any conditions which may be imposed by the court. Accordingly, seeks to allow the petition.
5. The learned HCGP opposes the grant of bail contending that the petitioners were attempting to load the sand to the tipper lorry. The 3rd petitioner i.e., accused No.3 is the owner of the said lorry and the said lorry has been seized from the spot and therefore, a prima-facie case has been made out against the petitioners. He further submits that the names of the petitioners appeared in the FIR.
6. It is the case of the prosecution that by seeing the complainant and other police officials, the petitioners ran away from the spot. Case has been registered against the petitioners under Section 379 of IPC. The offence alleged against the petitioners are not punishable with death or imprisonment for life. Considering the entire facts and circumstances of the case, I am of the view that the petitioners may be released on bail by imposing suitable conditions.
7. Accordingly, I pass the following:
ORDER The petition is allowed.
In the event of arrest of the petitioners in Crime No.30/2019 of Gangolli Police Station, registered for the offence punishable under Section 379 of IPC, the petitioners shall be enlarged on bail subject to the following conditions:
(i) The petitioners shall surrender before the Investigating Officer within ten days from the date of the receipt of a copy of this Order and shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety each, for the likesum to the satisfaction of the Investigating Officer.
(ii) The petitioners shall cooperate with the investigation and shall make themselves available for the purpose of investigation as and when called by the Investigating Officer till filing of charge sheet or until further orders.
(iii) The petitioners shall not tamper with the prosecution witnesses and shall not hamper the case of the prosecution in any manner.
Sd/- JUDGE Snc