IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS.JUSTICE K.S.MUDAGAL CRL.P.No.7749/2018 BETWEEN:
APPI, FATHER NAME NOT KNOWN, AGED ABOUT 28 YEARS, R/AT SRINIVASAPURA, BSK 6TH STAGE, 7TH CROSS, KENGERI, BENGALURU – 560 060. … PETITIONER (BY SRI SHIVAPRASAD.S., ADV.) AND:
STATE BY KENGERI P.S., REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001. … RESPONDENT (BY SMT. NAMITHA MAHESH.B.G., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.299/2018 OF KENGERI P.S., BANGALORE, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 504, 506 & 384 IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Kengeri Police have registered Crime No.299/2018 against the petitioner for the offences punishable under Sections 506, 504 & 384 IPC on the basis of the complaint of Ravi Rao. It is alleged that on 11.08.2018 at 8.00 p.m., petitioner threatened the complainant wielding the long swords and extorted cash of Rs.3,000/-.
2. There is delay of one day in filing the complaint. All the offences are triable by the Magistrate. The major offence under Section 506 IPC carries punishment of imprisonment upto 7 years.
3. The only concern of the prosecution is, that the money allegedly extorted and the weapons allegedly used in the commission of offence are still not recovered.
4. Learned Counsel for the petitioner submits that the petitioner is ready to subject himself for interrogation before the investigating officer and with stringent conditions petition may be allowed.
5. Having regard to the aforesaid facts and circumstances, it is a fit case to grant anticipatory bail. Accordingly, the petition is allowed.
The petitioner is granted anticipatory bail in Crime No.299/2018 of Kengeri Police Station. If he is arrested in the said case, he shall be released on bail subject to the following conditions:
(i) The petitioner shall appear before the Investigating Officer within ten days from the date of receipt of copy of this order.
(ii) He shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the likesum to the satisfaction of the trial Court for his appearance.
(iii) He shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial.
(iv) He shall not tamper the prosecution witnesses by threats, inducement or otherwise.
(v) He shall mark his attendance before the Investigating Officer on every Sunday till completion of the investigation.
Sd/- JUDGE KK