IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.9341 OF 2018 BETWEEN:
CHETAN S/O MADAN G N AGED ABOUT 22 YEARS R/O B KATIHALLY VILLAGE, NANDINI LAYOUT, SBM COLONY, KASABA HOBLI, HASSAN-573 201.
(BY SRI MAHESH KUMAR K M, ADV.) AND STATE BY HASSAN CITY P.S. REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001.
(BY SRI K. P. YOGANNA, HCGP) ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.357/2018 FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 395 OF INDIAN PENAL CODE REGISTERED BY THE HASSAN CITY POLICE PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC COURT, HASSAN DISTRICT AT HASSAN.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is accused No.2 in Crime No.357/2018 of Hassan City Police Station. The said case was registered on the complaint of one Umesh Devadiga driver of Innova Car bearing Registration No. KA.19 AA.7208.
2. It was alleged in the complaint that on 11.08.2018 at 5.15 a.m. when he was relaxing in his car near Devarayapatna junction on Hassan Bypass Road, unknown six persons assaulted him and robbed his car and fled away.
3. As per the prosecution the petitioner and other accused were apprehended by Bommanahalli Police, Bengaluru, in Crime No.260/2018 of their police station on the allegation that they were making preparations to commit dacoity in the car allegedly robbed in this case and their voluntary statements revealed their involvement in this case.
4. The subject matter of the alleged crime is already recovered. Except Crime No.260/2018 and this case, petitioner has no other criminal antecedents as reported. The prime circumstance for the petitioner’s implication in the case is alleged recovery of the car in Crime No.260/2018 of Bommanahalli Police Station. This Court has already granted bail to the other accused in Crl.P.No.8305/2018. Under these circumstances, it is a fit case to grant bail.
5. Therefore, the petition is allowed. Petitioner is granted bail in Crime No.357/2018 of Hassan City Police Station, subject to the following conditions:
1) Petitioner shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the like-sum to the satisfaction of the concerned Court.
2) He shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial.
3) He shall not tamper the prosecution witnesses by threats, inducement or otherwise;
4) He shall mark his attendance before the Investigating Officer on alternative Sunday of each month till completion of investigation.
Sd/- JUDGE *VP/-