IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6200 OF 2019 BETWEEN:
1. AFSAR BAIG S/O LATE NAVAB BAIG AGED ABOUT 34 YEARS R/AT C/O SHANKARAPPA BUILDING KURUBARAPET, HOSAKOTE TOWN BENGALURU RURAL DISTRICT-560 067 2. NAYU @ NAYAZ PASHA S/O AMEER SAB AGED ABOUT 32 YEARS RESIDING AT BEHIND KAVERY BAKERY VARADAPURA GATE, HOSAKOTE TOWN BENGALURU RURAL DISTRICT-560 067 (BY SRI V.LAKSHMI KANTH RAO, ADVOCATE) AND:
STATE OF KARNATAKA BY MALUR POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001 (BY SRI HONNAPPA, HCGP) … PETITIONERS … RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.352/2018 REGISTERED BY MALUR POLICE STATION, KOLAR FOR THE OFFENCE P/U/S 395 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R 1. Heard the learned counsel for the petitioners and learned HCGP for the respondent-State. Perused the records.
2. Petitioners are arraigned as accused nos.10 & 4 respectively in Crime No.352/2018 of Malur Police Station for the offence punishable under Section 395 of IPC. After thorough investigation, the police have filed charge sheet against the accused persons including the petitioners.
3. Brief facts of the case are as under:
One Nagalatha N.V. lodged a complaint on 27.12.2018 stating that on 26.12.2018 at night 1.30 a.m., some 25 to 30 persons entered the Aegan Batteries Limited, which is under liquidation, situated at Chudagondanahalli Gate, Hosur-Malur Road and they have assaulted 9 security persons and they have taken away battery stock and other materials from the said premises. On the basis of the complaint, the police have nabbed some of the accused persons including the petitioners. Identification of the petitioners and other accused were done by the eye witnesses in the police station itself. Though learned HCGP submitted that some of the security guards have sustained injuries, they have sustained simple injuries.
4. No test identification parade has been conducted.
There is no recovery at the instance of these petitioners. Further, the investigation is complete and charge sheet has already been filed. However, specific identification has to be done during the course of full fledged trial. Under the above said circumstances, as there is no previous antecedents of bad character alleged against the petitioners, the petitioners 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 Crime No.352/2018 of Malur Police Station registered for the offence punishable under Section 395 of IPC, subject to the following conditions:
(i) The petitioners shall execute their personal bonds for a sum of Rs.1,00,000/- (One lakh only) with one surety 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.
Sd/-
JUDGE hkh.