IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.6570/2019 BETWEEN:
1. Amith S/o Kubera Aged about 20 years, R/at Belakere Village, Boonakere Hobli, K.R.Pete Taluk, Mandya District-571426.
2. Harish S/o Krishnegowda, Aged about 24 years, R/at I Cross, Ramajyothinagar, Dubasipalya, Bengaluru-560110.
3. Nagaraj S/o Ayyappa, Aged about 21 years, R/at No.52, 4th Cross, Halagevaderahalli, Rajarajeshwarinagar, Bengaluru-560094.
4. Navin S/o Rajegowda, Aged about 26 years, R/at No.6, I main, I Cross, Harsha Layout, Kengeri, Bengaluru-560100. …Petitioners (By Sri.Kumara K.G., Advocate) AND:
State of Karnataka, By Kengeri Police Station, Bangalore-560100.
Represented by State Public Prosecutor, High Court Building, Bengaluru-560001. ... Respondent (By Sri Honnappa, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioners on bail in Cr.No.68/2019 (S.C.No.862/2019) of Kengeri Police Station, Bengaluru city for the offence punishable under Sections 397 and 354-A of IPC.
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 HCGP for the respondent-State. Perused the records.
2. The petitioners are arraigned as accused Nos.
1 to 4 respectively in S.C.No.862/2019 on the file of the XLV Addl. City Civil & Sessions Judge, Bengaluru City (CCH-46) for the offence punishable under Sections 354-A and 397 of IPC.
3. The brief facts of the case are that on 04.03.2019 between 12.45 a.m. to 1.00 a.m. when the complainant by name Gurubasavaraju K.M. was proceeding along with a lady by name Nayana in their car and when they reached near Kengeri Dubasipalya, the petitioners attacked the car and threatened the complainant with dire consequences and snatched his ATM card and got the PIN number. One of the petitioner went and withdrawn Rs.25,000/- from the account of the complainant and thereafter, forced the said lady to disrobe herself by pointing a knife at her and recorded videography and threatened them not to disclose the same to anybody, if they disclose, they would release the said video in the social media and fled from the spot.
4. Looking to the materials available on record, it discloses that the identification of the accused persons has not been done in the police station. No test identification parade is conducted. The substantial identification has been done during the course trial. The police have neither seized any mobile nor vediography from the accused persons. The offence under Section 354-A of IPC is bailable in nature. It is doubtful, whether the offence under Section 397 is attracted or not but falls under Section 342 of IPC. Therefore, the offence is also not punishable either with death or life imprisonment compulsorily. The petitioners were already arrested on 13.03.2019, since then, they have been in judicial custody. Though the learned HCGP submitted that there are other cases pending against the petitioners, however, the learned counsel for the petitioners submits that the petitioners are enlarged on bail so far as other cases are concerned.
5. Under the above the said facts and circumstances, considering the nature of allegations and facts of the case, the petitioners are entitled to be enlarged on bail. Hence, the following:
O R D E R The Petition is allowed. Consequently, the petitioner Nos. 1 to 4 (A1 to A4) shall be released on bail in S.C.No.862/2019 (Cr.No.68/2019) on the file of the XLV Addl. City Civil & Sessions Judge, Bengaluru City (CCH- 46) for the alleged offences subject to the following conditions:
i. The petitioners shall execute their personal bond for a sum of Rs.1,00,000/- each (Rupees One Lakh only) with two solvent 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 the 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 JS/-