IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.7854 OF 2017 BETWEEN:
Gandhi N.
S/o V. Nagaraju, Aged 21 years, No.U-7, II Main Road, II Cross, Hanumanthapura, Srirampuram, Bengaluru – 560 021.
(By Sri: N. Ravindranath Kamath, Adv.) AND:
The State of Karnataka, By Kengeri Police Station, Mysore Road, Bengaluru – 560 060.
By its SPP High Court Building, Bengaluru – 560 001.
...PETITIONER ...RESPONDENT (By Sri: S. Vishwamurthy, HCGP) THIS CRL.P FILED U/S. 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO.212/2017 (C.C.
NO.22701/2017) OF KENGERI P.S., BENGALURU FOR THE OFFENCE P/U/S 397 OF IPC AND SECTION 25 OF ARMS ACT.
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER The petitioner (Accused No.4) alongwith ten others is charge sheeted by the respondent police for the offence punishable under Section 397 of IPC.
2. The allegation is, accused Nos.1 to 7 persuaded the complainant to meet them in the open place under the assurance of exchanging his old demonetized currency notes for new currency notes of Rs.3,80,00,000/-. He went their with demonetized currency notes and they threatened him with chopper, gun and snatched his cash bag.
3. Co-accused Nos.1 and 3 are none other than the father and brother of this petitioner and are enlarged on bail during trial stage by the order of this Court in Criminal Petition No.7095/2017.
4. Having regard to the nature of allegation and since the investigation is complete, there is no impediment to allow the petition.
5. Accordingly, the petition is allowed. Petitioner is enlarged on bail in Crime No.212/2017 registered by the respondent/Police, subject to the following conditions:
i) The petitioner shall be released on bail on executing a self bond of Rs.2,00,000/- with two local sureties for the likesum to the satisfaction of the concerned Court.
The sureties shall furnish their original documents pertaining to their immovable properties and their identity card/Aadhar card for perusal of the Court. They must not have previous history of offering surety in criminal cases.
ii) He shall attend the Court regularly and shall not threaten the complainant or his family members.
Violation of the above conditions entitles the Investigating Officer to seek for cancellation of bail before the concerned Court.
Sd/- JUDGE MH/-
CT-MBM