IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.4365/2019 BETWEEN:
Ajay Kumar @ Jaki S/o Hanumaiah, Aged about 27 years, Residing at No.293, 6th Cross, Indiranagar, Near Modi Road, Rajajinagar, Bengaluru – 560 010. ... Petitioner (By Sri. Nanjunda Gowda M.R. a/w Sri. Ramesha H.N., Advs. ) AND:
The State of Karnataka By Yeshwanthapura P.S.
Rep. by Special Public Prosecutor High Court of Karnataka, Bengaluru – 560 0 01. ... Respondent (By Sri. K.P. Yoganna, HCGP ) This Criminal Petition is filed under Section 439 of the Code of Criminal Procedure, praying to enlarge the petitioner on bail in Cr.No.96/2019 of Yeshwanthapura P.S. for the offences punishable under Sections 392 and 397 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No.96/2019 for the offences under Sections 392 and 397 of IPC.
2. The case of the prosecution is that complaint has been filed alleging that on 02.04.2019 at about 1.30 p.m., when the daughter of the complainant and her son had left the house and were going outside, when the car was reaching near M.S.Ramaiah Bus Stop, the car was stopped at Mathikere. It is stated that the petitioner got down from his two-wheeler and stopped the car and is alleged to have threatened the complainant and her daughter and demanded to pay a sum of Rs.30 Lakhs failing which he would kill them. It is stated that subsequently, the petitioner had caused damage to the car and snatched the gold chain and fled from the spot. In the light of the said incident, the complaint was lodged, FIR was registered, investigation is complete and charge sheet is filed implicating the petitioner.
3. The learned counsel for petitioner states that proof of complaint is a matter for trial and true facts are not forthcoming in the complaint including that the petitioner was known to the complainant’s family. It is stated that malafide complaint has been lodged in order to settle scores. It is stated that as investigation is complete and charge sheet is filed, proof of offence being a matter for trial, petitioner is entitled to be enlarged on bail.
4. Taking note of the fact that investigation is complete and charge sheet is filed, also noticing the contention of the counsel for the petitioner that petitioner was known to the complainant’s family, which assertion is not denied and as proof of allegations are matters for trial, as the petitioner is in custody since 17.05.2019 and there has been sufficient time to complete custodial interrogation, the petitioner is entitled to be enlarged on bail subject to conditions.
5. In the result, the bail petition filed by the petitioner under Section 439 of Cr.P.C., is allowed and the petitioner is enlarged on bail in Crime No.96/2019 for the offences under Sections 392 and 397 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) The petitioner shall not interfere with the affairs of the complainant’s family.
(vi) Any violation of the aforementioned conditions by the petitioner shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE Np/-