IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.7392/2019 BETWEEN DARSHAN S/O SHIVARAJU AGED ABOUT 22 YEARS R/AT NAGUVANAHALLI VILLAGE SRIRANGAPATNA TALUK MANDYA – 571807 ALSO R/AT 2ND CROSS SUGAR TOWN MANDYA – 571 401 ... PETITIONER (BY SRI. PRATHAP KUMAR M.S., ADVOCATE FOR SRI. LAKSHMI KANTH K., ADVOCATE) AND STATE OF KARNATAKA BY MANDYA EAST POLICE STATION REP. BY THE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 … RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.110/2019 OF MANDYA EAST POLICE STATION, MANDYA, FOR THE OFFENCE P/U/Ss. 399 & 402 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner/accused and the learned HCGP for the Respondent –State. Perused the records.
2. The petitioner is arraigned as Accused No.6 in Crime No.110/2019 of Mandya East Police Station registered against him for the offences punishable under Sections 399 & 402 of IPC, which is now pending before the Court of II Addl. Civil Judge and JMFC Court, Mandya.
3. The brief facts of the case are that, on 16.09.2019, the respondent-Police on receiving a credible information that, some people are making arrangements to commit dacoity by assembling themselves at a place called Pump House Road, Industrial Area, B.T. Lalitha Naik Badavane in Mandya, went to that particular place and found 5 to 6 persons assembled there holding deadly weapons in their hands. The Police suspecting that, those persons are assembled there for the purpose of committing dacoity, arrested them and recovered the incriminating articles viz., Longs, knives, chillipowder etc. from them.
4. Looking to the above facts and circumstances of the case, it is stated that the petitioner and others have assembled in the said place for committing dacoity. Therefore, it has to be established during the course of full-dressed trial that, whether the petitioner (A6) and others were actually assembled at the alleged spot for the purpose of committing dacoity or they were assembled there for any other purpose. Unless it is established beyond reasonable doubt that the accused are assembled at the said spot only for the purpose of for committing dacoity, it could not be held as such, because, preparation for dacoity is not a punishable offence. In this case, it is only on suspicion the petitioner was arrested in connection with the said case.
5. Learned HCGP also brought to the notice of this Court that, no such other criminal cases are pending against this petitioner.
6. In the above circumstances, the petitioner is entitled to be enlarged on bail with certain conditions. Hence, the following.-
ORDER The Petition is allowed. Consequently, the petitioner (A6)-Darshan shall be released on bail in connection with Crime No.110/2019 of respondent- Mandya East Police Station, Mandya, registered for the offence punishable under Sections 399 & 402 of IPC, which is now pending before the Court of II Addl. Civil Judge and JMFC, Mandya, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not tamper 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.
vi) The petitioner shall mark his attendance once in a week ie., on every Sunday between 10.00 am and 5.00 p.m., till filing of the charge sheet or for a period of two months, whichever is earlier.
Sd/- JUDGE KGR*