IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF OCTOBER, 2019 BEFORE THE HON' BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.4137 OF 2019 BETWEEN:
ASGAR @ DOSA S/O JOSEPH AGED ABOUT 24 YEARS BEHIND BABARI MASIDI 1ST CROSS, DODDA BEGURU BANGALURU SOUTH TALUK, BANGALORE-100.
(BY SRI R.V. RAJASHEKARA, ADV.) AND STATE OF KARNATAKA BY ITS STATION HOUSE OFFICER BEGUR POLICE, BENGALURU-560 068. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGALORE-560001.
...PETITIONER …RESPONDENT (BY SRI HONNAPPA, HCGP) ******* THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO. 31/2017 (S.C.NO.675/2018) OF ELECTRONIC CITY P.S., BANGALORE FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 392, 397 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. The brief facts of the case are that a person by name Nandishkumar, lodged a complaint stating that on 03.02.2017 he got down at Begur Bus-Stand at about 9.00 p.m., and he was proceeding to Shetu Shop for the purpose of going to Nyanappanahalli, at that time two persons came on a Pulsar Motor bike and threatened him at the point of knife and snatched his Apple Mobile Phone and cash of Rs.5,000/-. The police investigated the matter and in fact submitted charge- sheet. The police have already arrested the petitioner on 26.05.2017 and since then he has been in judicial custody. The offences alleged are under Section 392 and 397 of IPC, which are not punishable with death or imprisonment for life. No other proceedings are alleged against the petitioner, except one case according to the learned counsel in which he has already been acquitted. Further, the recovery has already been made in this case regarding Apple iphone. Considering the fact that the petitioner is in custody since from 2017 and the trial has not yet been started and also considering nature of allegations and the facts of the case that the recovery has already been done, in my opinion petitioner is entitled to be enlarged on bail, particularly under Section 439 of Cr.P.C. Hence, the following:
O R D E R The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No. 31/2017 of Electronic City Police Station registered for the offence punishable under Section 392 and 397 of IPC, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees: One Lakh Only) with Two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of.
Sd/- JUDGE Sbs*