IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.4458/2019 Between:
D.R.Rohith, S/o Renukaprasad, Aged about 20 years, R/at 2nd Cross, Dhobi Ghat, Ashoknagar, Tumakuru – 572 106. Also At: 3rd Cross, House Gate Colony, Sira Gate, Tumakuru – 572 106. ... Petitioner (By Sri. Rajesh Rai K., Advocate) And:
State by Tumakuru Town Police Station, Represented by State Public Prosecutor, High Court Building, High Court, Bangalore – 560 001. ... Respondent (By Sri. K.P.Yoganna, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.83/2019 of Tumkur Town P.S., Tumakuru for the offences P/U/S 399 and 402 of IPC.
This Criminal Petition coming on for orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - State. Perused the records.
2. The petitioner is arrayed as accused No.1 in Crime No.83/2019 on the file of Tumkur Town Police for the offences punishable under Sections 399 and 402 of IPC.
3. The police have registered the above said case on the allegation that on 14.5.2019 at about 11.35 p.m. when the respondent - Police were on rounds in the City, they observed five persons holding deadly weapons in the hands were standing near Tomlinson Church in Tumakuru. Suspecting that they are all gathered there for the purpose of committing dacoity, Police have arrested them seized some incriminating materials like red chilly powder, rope, etc. and registered a case against these persons.
4. On plain reading of the above said facts, it is noticed that no dacoity has taken place. In fact, the prosecution has to prove by cogent and convincing evidence that the petitioner and others gathered there for committing dacoity or they had made preparations for commission of dacoity. In the above said circumstances, merely on the basis of allegations, the bail petition cannot be rejected. Hence, the following:
O R D E R The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.83/2019 of Tumkur Town Police Station pending on the file of Prl. Civil Judge (Sr.Dn.) and CJM Court, Tumakuru District for the offences punishable under Sections 399 and 402 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission till the case registered against him is disposed of.
(v) The petitioner shall mark his attendance once in every fifteen days i.e., on Sunday between 10.00 a.m. and 5.00 p.m. before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
RS/* CT-SN Sd/- JUDGE