IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.473/2019 BETWEEN:
Ashraf S/o Late Aboobkar, Aged about 37 years, R/at Near Heggade Colony, Ring Road, Behind K.E.B., Thyamagondlu, Nelamangala Taluk, Bengaluru Rural District, Bengaluru-560 084. ... Petitioner (By Sri. Shekarappa, Advocate) AND:
State of Karnataka Gowribidanur Rural Police Station, Chikkaballapura District.
Now rep. by its Public Prosecutor, High Court Complex, Bengaluru-560 001. ... Respondent (By Sri S.Rachaiah, HCGP) This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in Cr.No.187/2018 (C.C.No.1286/2018) of Gowribidanur Rural Police Station, Chikkaballapura District for the offence P/U/S 397 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The petitioner, who is accused No.3 has filed this application under Section 439 of Cr.P.C seeking for enlarging him on bail in Crime No. 187 of 2018 (CC. No. 1286 of 2018) of Gowribidanur Police Station of offences punishable under sec 397 of Indian Penal Code, 1860.
It is the submission of the petitioner that charge sheet has been filed and that the other accused have been enlarged on bail including accused Nos.1 and 2 from whom, recovery has been made. The learned counsel for the petitioner has produced the copy of the order passed in Crl.P.No.9653/2018, whereby accused Nos.1 and 2 have been enlarged on bail. It is the further submission of the learned counsel for the petitioner that the charge sheet which has been filed reveals that the role of accused No.3 is only with respect to assisting the other accused to commit the offence.
2. It is to be noted that the petitioner had filed the petition before the Principal District and Sessions Judge, Chikkaballapura which came to be disposed of on 12.12.2018, noting that offences are grave and there is a chance of petitioner absconding.
3. The relevant facts leading to the offence is that the complaint has been registered making out a case under Section 397 of IPC and it is stated that the accused had blocked the way and by use of threat, had committed theft of cash of Rs.10,000 in the pocket of complainant and Rs.1,35,000 which was collected from customers and was with the complainant. Taking note of the fact that the prime accused Nos.1 and 2 from whom recovery had been made have been released as per the order passed in Crl.P.No.9653/2018 and also noting that accused Nos.4 and 5 have also been released as per the order passed in Crl.P.No.9438/2018. It would be an appropriate case, taking note of the role of the petitioner as made out in the chargesheet to enlarge him on bail, subject to conditions. It is already to be noted that the investigation is complete and rest of the matter is subject matter of the trial.
4. Accordingly, the petition filed by the petitioner under Section 439 of Cr.P.C. is hereby allowed, subject to the following conditions:
(i) The petitioner is directed to execute a personal bond for a sum of `1,00,000/- (Rupees one Lakh only) with two sureties for the likesum to the satisfaction of the trial Court.
(ii) The petitioner shall not leave the jurisdiction of the Court without prior permission of the court.
(iii) The petitioner is required to mark his attendance before the concerned SHO once in 15 days between 10.00 a.m. to 5.00 p.m. for a period of three months.
(iv) The petitioner shall not tamper the prosecution witnesses. The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case amounting to dissuade him from disclosing such facts to the Court or any Police Officer.
(v) The petitioner shall not indulge in similar type of criminal activities.
(vi) The petitioner shall attend the trial Court on all dates of hearing.
Sd/- JUDGE RB