IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No. 2737 OF 2019 BETWEEN:
GAJENDRA @ GAJA, S/O LATE RAMANJANAPPA, AGED ABOUT 29 YEARS, R/AT PALEKAMMANAGAR, CHIKKAJALA POST, JALA (H) BANGALORE NORTH TALUK, PIN CODE-562 157.
(BY SRI. PRAVEEN.C.P, ADV.) AND STATE OF KARNATAKA BY CHIKKAJALA POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BENGALURU-560 001.
(BY SRI.HONNAPPA, HCGP) ... PETITIONER ... RESPONDENT THIS CRL.PETITION IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE CR.NO.48/2016 OF CHIKKAJALA POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S.399,402 OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State. Perused the records.
2. The petitioner is arraigned as accused No.3 in Crime No.48/2016 of Chikkajala Police Station for the offence under Sections 399 and 402 of IPC. The allegations are that on receipt of credible information, respondent –police on 3.5.2016 at about 1.40 a.m had been to Meenukunte Hosuru Bridge and observed some 5 to 6 persons holding deadly weapons in their hands and they felt that those persons were there for the purpose of committing dacoity. Therefore, they intercepted them and out of six persons, four persons were arrested and the police have seized longs and clubs from them.
3. Looking to the above said facts and circumstances, there is absolutely no allegations of dacoity that has been committed and it is only alleged that there was preparation to commit dacoity. Except the police version, there is no other witnesses present for the purpose of showing that the accused were actually gathered there for the purpose of committing dacoity. The said aspect has to be proved during the course of full-fledged trial.
4. Though the learned HCGP brought to the notice of this Court that so many other cases are pending against this accused, however considering the nature of allegations and the facts of the case, in my opinion, strong case is made out so as to not to refuse grant of bail. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.48/2016 of Chikkajala Police Station, for the offences 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/-(Rs. One lakh only) 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 15 days i.e., on any 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.
Sd/- JUDGE ln.