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.5834/2018 BETWEEN:
Babu @ Pulsar Babu @ Gunda @ Rajesha, S/o Kalegowda, Aged about 36 years, R/at Honnanayakanahalli Village, Channapatna Taluk, Ramanagara District-562160. ...Petitioner (By Sri. Srinivasa M.G., Advocate) AND:
State by Girinagar Police Station Pin-560085 (Represented by State Public Prosecutor, High Court of Karnataka, Bengaluru, Pin-560001) (By Smt. Namitha Mahesh. B.G., HCGP) ... Respondent This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.124/2017 (S.C.No.1270/2017) of Girinagar Police Station, Bangalore City for the offence P/U/S 397 and 201 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 under Section 439 of Cr.P.C. to release him on bail in Crime No. 124/2017 of Girinagar Police Station, Bengaluru City (S.C.No.1270/2017) for the offence punishable under Section 397 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 03.05.2017 at about 4.45 p.m. the complainant was proceeding to her daughter’s house to Thyagarajanagara. While going to reach Girinagar bus stop, one unknown person came on a bike, asked the complainant which is the road to go for Sai Mandir and suddenly he assaulted the complainant with hands and snatched the 24 gms of gold mangalya chain worth Rs.50,000/- and rode away from there in his bike. On the basis of the complaint, a case has been registered.
4. It is submitted by the learned counsel for the petitioner, that the alleged offence is not punishable with death or imprisonment for life, even under the provision of Section 397 of IPC is not attracted, as no deadly weapons have been used. He further submitted that the petitioner has not been committed any of the offence, the police have falsely registered sixteen cases against him. He further submitted that the petitioner/accused is ready to abide by the conditions that may be 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, learned High Court Government Pleader vehemently argued and submitted that sixteen cases at different police stations have been registered as against the petitioner/accused. Petitioner/accused is a habitual offender. When test identification was conducted, the complainant has identified the said accused. He further submitted that the gold ornaments are also recovered at the instance of the petitioner/accused. The above material clearly goes to show the involvement of accused in the alleged offence. If he released on bail, he may again indulge in similar type of criminal activities. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submission made by the learned counsel for both the parties and perused the records.
7. As could be seen from the contents of the complaint and other materials, it indicates that the accused/petitioner came to Girinagar Bus stop and asked the complainant which is the road to go to Sai Mandir and at that time, the accused/petititoner suddenly assaulted with the hands and snatched the gold mangalya chain. Under the said facts and circumstances, under the provision of Section 397 of IPC is not attracted, as no deadly weapons have been used. At the most, the said offence will be punishable under Section 392 of IPC. Be that as it may, the alleged offence is not punishable with death or imprisonment for life. Though it is contended by the High Court Government Pleader that the sixteen cases have been registered against the petitioner/accused and test identification was conducted and the complainant has also identified, whether the accused/petitioner has committed the alleged offence or not, is a matter which has to be considered and appreciated only at the time of trial.
8. Under the said facts and circumstances, I feel that if by imposing some stringent conditions, if the petitioner/accused is ordered to be released on bail, it is going to meet the ends of justice.
9. In the light, petition is allowed and the petitioner/accused is ordered to be released on bail in Crime No. 124/2017 of Girinagar Police Station, Bengaluru City (S.C.No.1270/2017) for the offence punishable under Section 397 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 regularly appear before the Court for trial.
3. He shall not leave the jurisdiction of the Court without prior permission.
4. He shall not tamper with the prosecution evidence directly or indirectly.
5. He shall mark his attendance once in month till the trial is concluded.
6. He shall be regular in attending the trial. If he jumps the trial, the Court is at liberty to cancel the bail and take him to custody.
SD/- JUDGE rv