IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7034/2019 BETWEEN :
1. ASHOK KUMAR, S/O. LATE KEDARANATHA BHAGATH, AGED ABOUT 37 YEARS, GOLD POLISH WORKER, R/O. KANCHARA VILLAGE, RAJESHWARI POST, BHATAPURA TALUK, SHIMPOLA DISTRICT, BIHAR STATE-852 138.
2. SUBHOD KUMAR, S/O. DUKKESH, AGED ABOUT 40 YEARS, GOLD POLISH WORK, R/O. JUDIYA VILLAGE, TRIVENI POST, SHIMPOLA DISTRICT, BIHAR STATE-852 138.
3. MONAJA KUMAR, S/O. GIRIJAPURA SATHSA, AGED ABOUT 40 YEARS, GOLD POLISH WORK, R/O. JAMONIYA VILLAGE AND POST, KHADIBAAZAR TALUK, BHAGALPUR, BHIRA STATE-852 105.
4. ROHITH KUMAR, S/O. JAYAPRAKASH, AGED ABOUT 19 YEARS, GOLD POLISH WORK, R/O. RATHA VILLAGE, OOVA POST, MURALIGANJ TALUK, MADHAVAPUR DISTRICT, BIHAR STATE-852 130.
(BY SRI: K.N.JAYAPRAKASH, ADVOCATE) AND :
THE STATE OF KARNATAKA, BY HONNALI POLICE STATION, HONNALI, REPTD. BY ITS S.P.P., HIGH COURT BUILDING, 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 CRIME NO.181/2019 REGISTERED BY HONNALI POLICE STATION DAVANAGERE FOR THE OFFENCE P/U/S 392 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel appearing for the petitioners and the learned HCGP for the respondent - State. Perused the records.
2. The petitioners are arraigned as Accused Nos.1 to 4 in Crime No.181/2019 for the offence punishable under Section 392 of IPC.
3. The brief facts of the case are that, a lady by name Geeta Basavaraj lodged a complaint on 08.08.2019 making allegations that on 31.07.2019, when she was proceeding towards her house after closing her shop situated at Honnali Town, at that time one person was following her and after going to some distance, he caught hold her and gagged her mouth and snatched the chain from her neck, she was also holding the said Mangalya chain, but due to the force, the Mangalya chain cut into two pieces. The said person ran away with one piece of chain and the remaining piece left in the hands of the complainant. Subsequently, the accused persons were napped by the police and recovery of some gold articles at the instance of Accused Nos.1 and 2 have been made. But the accused Nos.1 and 2 have actually converted the said gold chain into ingot. The gold ingot was seized from Accused Nos.1 and 2. The police have not conducted any test identification parade, but they got Accused No.1 identified as that of a person who snatched the gold chain from the complainant. There is no recovery of the remaining piece of gold chain, but it appears that the gold ingot was seized from Accused No.1. Accused Nos.2 to 4 were also shown to the complainant stating that they were also involved in some other robbery cases. On perusal of the nature of allegations and facts of the case, particularly, the identification of the accused has to be done substantially before the court and the recovery of the gold ingots has to be proved that the same gold chain which was snatched from the complainant was converted into ingots.
4. Therefore, under the above said circumstances, it is only the case against Accused No.1, but no allegations are made against Accused Nos.2 to 4 so far as this case is concerned. The Sessions Court has dismissed the bail application only on the sole ground that the petitioners belonged to Bihar State, that fact itself is not sufficient to decline bail. However, the petitioners are entitled to be released on bail by imposing stringent conditions as the accused persons were already arrested, interrogated and sent to judicial custody. It indicates that they are no more required for interrogation in connection with this case. Hence, the following;
ORDER The Petition is allowed. Consequently, the petitioners shall be released on bail in connection with Crime No.181/2019 of Honnali Police Station, Davanagere for the offence punishable under Section 392 of IPC, subject to the following conditions:
(i) The petitioners shall execute their personal bonds 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 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 him is disposed of.
(v) The petitioners shall mark their attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE Snc