IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4206 OF 2019 BETWEEN:
1. CHANDRA @ CHANA, S/O.LATE HANUMANTHAPPA, AGED ABOUT 37 YEARS, R/AT NO.63, "B" BLOCK, BEHIND JAIL, BOMMANAKATTE, SHIMOGA TOWN - 577 204.
2. SHARUQ @ SADIQ, S/O. LATE MOHAMMED RAFIQ, AGED ABOUT 28 YEARS, R/AT BEHIND GOPAL CHANNEL, 1ST CROSS, TIPPUNAGAR, SHIMOGA TOWN - 577 205.
3. DHANRAJ, S/O.LATE MURTHY, AGED ABOUT 19 YEARS, R/AT NEAR GANAPATHI TEMPLE, 5TH CROSS, BHOVI COLONY, BHADRAVATHI TOWN, SHIMOGA DISTRICT -577301.
4. DASTHAGIR, S/O.NOORULA KHAN, AGED ABOUT 26 YEARS, R/AT NEAR AZEEZ HOTEL, 2ND CROSS, KESARE, MYSURU-570 007. ... PETITIONERS (BY SMT.B.HEMALATHA, ADVOCATE FOR SRI.LAKSHMIKANTH.K, ADVOCATE) AND:
STATE OF KARNATAKA BY DEVARAJA POLICE STATION, MYSURU, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560 001. ... RESPONDENT (BY SRI.HONNAPPA, HCGP) THIS CRL.P IS FILED U/S.439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.55/2019 REGISTERED BY DEVARAJA POLICE STATION, MYSURU FOR THE OFFENCE P/U/S 399 AND 402 OF IPC.
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for the petitioners and learned HCGP for the respondent-State. Perused the records.
2. As many as five accused persons have been arrested in connection with Cr.No.55/2019 for the offences punishable under sections 399 and 402 of IPC by the respondent-police on the allegations that on 01.05.2019 in the night at about 20.30 hours, the respondent –police while they were on bandobast duty, went near CFTRI compound situated at KRS Road, Mysuru, where they found accused persons formed themselves into an unlawful assembly along with some weapons in their hands like steel knife, iron rod, wooden clubs, chilly powder and two mobiles etc., and suspected that they were assembled there for the purpose of committing dacoity and they were arrested.
3. In the above said circumstances, the prosecution has to prove the same during the course of full dressed trial that those persons are actually assembled there only for the purpose of committing dacoity or they were preparing for committing dacoity.
4. Learned counsel for the petitioners has filed a memo stating that Accused NO.3, who is petitioner no.3 Dhanraj has already been released on bail by the trial court in Crl.Misc.No.1427/2019, disposed of on 25.7.2019. Hence, he is not pressing the petition against petitioner No.3.
Under the above said circumstances, the petitioners, who were arraigned as accused nos.1, 2 and 4 are also entitled to be released on bail. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioners No.1,2 and 4 shall be released on bail in connection with Crime No. 55/2019 of Devaraja Police Station, registered against them for the offences punishable under Sections 399 and 402 of IPC, pending on the file of the 4th JMFC., Court, Mysuru,(Prl. District & Sessions Judge, Musuru) subject to the following conditions:
(i) The petitioner Nos.1, 2 and 4 shall execute their personal bond for a sum of Rs.1,00,000/- (one lakh only) each with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner Nos.1, 2 and 4 shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner Nos.1, 2 and 4 shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner Nos.1, 2 and 4 shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against them is disposed of.
Sd/- JUDGE Psg*