IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04th DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.8305/2017 BETWEEN:
Chandan Kumar, S/o Madhegowda, Aged about 27 years, Residing at : Heragodu Village And Post, Holenarasipura Taluk-573211, Hassan District. .. Petitioner ( By Sri Krishna B.J. Advocate ) AND:
State of Karnataka, Mangaluru North Police Station, Mangaluru-575 001.
Represented by State Public Prosecutor, High Court of Karnataka, High Court Building, Bengaluru-560 001. .. Respondent ( By Sri Chetan Desai, HCGP ) This Criminal Petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Crime No.151/2012 (C.C.No.40/2014) of Mangalore North Police Station, Dakshina Kannada District, for the offences punishable under Sections 406, 420, 506, 120(B) r/w. Section 34 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following :
ORDER This petition is filed by the petitioner/accused No.3 under Section 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent-police to release the petitioner on bail in the event of his arrest for the offences punishable under Sections 406, 420, 506, 120(B) r/w. Section 34 of IPC, registered in respondent police station Crime No.151/2012 and now pending in C.C.No.40/2014, in JMFC II Court, Mangaluru.
2. Heard the arguments of the learned Counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent – State.
3. I have perused the grounds urged in the bail petition, contents of the private complaint filed before JMFC II Court, Mangalore, and also the order of the learned Sessions Judge in rejecting the bail application of the present petitioner.
4. Looking to the allegations made in the private complaint, no doubt, there is an averment in the said private complaint that even some amount has been credited into the account of petitioner-accused No.3 also, but, on perusal of the entire contents of the complaint, there is no allegation so far as the present petitioner is concerned that he demanded the amount. Whatever allegations made in the private complaint are only against accused No.1. The present petitioner denied the allegations by contending that he never demanded any amount from the complainant and that there is a false implication and he is ready to abide by any reasonable conditions to be imposed by this Court. The alleged offences are triable by the Magistrate Court and are not exclusively punishable with death or imprisonment for life. Therefore, by imposing reasonable conditions, he can be admitted to anticipatory bail.
Accordingly, the petition is allowed. The respondent- police are directed to enlarge the petitioner/accused No.3 on bail in the event of his arrest for the alleged offences punishable under Sections 406, 420, 506, 120(B) r/w. Section 34 of IPC, registered in Crime No.151/2012 and now pending in C.C.No.40/2014, in JMFC II Court, Mangaluru, subject to the following conditions:
i. Petitioner has to execute a personal bond for Rs.50,000/- and has to furnish one surety for the likesum to the satisfaction of the arresting authority.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner has to make himself available before the Investigating Officer for interrogation, as and when called for and to cooperate with the further investigation.
iv. The petitioner has to appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond.
Sd/- JUDGE bk/