IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.5871/2018 BETWEEN:
Anil @ Anil Kumar, S/o Ningaraja, Aged about 21 years, R/at 38, 1st Cross, 1st Main, Goraguntepalya, Bengaluru – 560 086 ...Petitioner (By Sri M.N.Ningaraju, Advocate) AND:
State by RMC Yard, Police Station, Bengaluru City, By its State Public Prosecutor, High Court Complex, Bengaluru – 560 001. ... Respondent (By Smt. Namitha Mahesh. B.G., HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.73/2018 (C.C.No.17388/2018) of RMC Yard Police Station, Bengaluru City for the offence P/U/S 397 R/w 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. seeking to release him on bail in Crime No.73/2018 (C.C.No.17388/2018) of RMC Yard Police Station for the offences punishable under Sections 397 read with 34 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that on 10.03.2018, at about 12.00 in the midnight, complainant was waiting for a bus to go to Davanagere. At that time, he went to attend nature call near Govardhan Theatre. At that time, two strangers attacked him. One of them held a knife to his neck, another stranger lit cigarette to his body and snatched Rs.20,000/- and a grand Samsung Mobile Set. Thereafter, the people, who were near the place by seeing the bleeding injuries on his neck took him to People Tree Hospital and got him admitted. Thereafter, the complaint was registered.
4. It is the submission of the learned counsel for the petitioner that the complaint was registered against two unknown persons. He further submitted that the injuries suffered by the complainant is simple in nature and he is already discharged from the hospital. He further submitted that no other overt acts are as against the petitioner/accused and he has been falsely implicated in the case. He further submitted that no test identification parade has been conducted and the alleged offences are not punishable with death or imprisonment for life. He is ready to abide by the conditions imposed on him by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner/accused on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused No.1 is involved in a serious offence. If he is released on bail, he may again indulge in similar type of criminal activities, he may abscond and may not be available for the trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for both the parties and perused the records.
7. The contents of the complaint and other materials, disclosed that the complaint was registered against unknown persons and during the course of investigation, accused/petitioner has been apprehended. The injured has been discharged from the hospital and there are no other criminal antecedents as against the petitioner/accused No.1. The alleged offences are not punishable with death or imprisonment for life. I feel that by imposing some stringent conditions, if the petitioner/accused No.1 in ordered to be released on bail, it is going to meet the ends of justice.
8. In the light of the above discussion held by me, the petition is allowed and the Petitioner/accused No.1 is ordered to be released on bail in Crime No.73/2018 (C.C.No.17388/2018) of RMC Yard Police Station, for the offences punishable under Sections 397 read with 34 of IPC Subject to the following conditions:
1. Petitioner/accused shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not tamper with the prosecution evidence directly or indirectly.
3. He shall not leave the jurisdiction of the Court without prior permission.
4. He shall mark his attendance on first of every month till the trial is concluded.
5. He shall regularly appear before the Court for trial.
sd/- JUDGE rv