IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.8138 OF 2019 Between:
Ganesh G M S/o Mallikarjun G Aged about 28 years R/at H.No.1949/89 19th Cross Vinayak Badavane Near Vidyanagar Police Station Davanagere – 577 001 (By Shri Mahesh S., Advocate) And:
The State of Karnataka By RMC Yard Police Station (Now CCB Police) Bengaluru Represented by SPP, High Cuort of Karnataka Bangalore – 560 01 (By Shri Rohith, B.J., HCGP) …Petitioner …Respondent This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in Crime No.165 of 2019 registered by RMC Yard Police Station, Bengaluru District for the offence punishable under Section 408, 420 read with Section 34 of the Indian Penal Code.
This Criminal Petition coming on for orders, this day, the Court made the following:
O R D E R Heard and perused the records.
2. The petitioner is arraigned as accused No.1 in Crime No.165/2019 for the offence punishable under Sections 408, 420 read with Section 34 of the Indian Penal Code. Subsequently, after investigation, police have filed charge sheet for the offence under section 120(B), 143, 170, 395, 201 read with Sections 149, 35, 37 of the Indian Penal Code in which the petitioner is shown as accused No.2.
3. The brief facts of the case are that one Venkataramireddy is the resident of Vinayaka extension, Vidyanagar, Davanagere; and accused No.1 was earlier working as Driver with the complainant. It is alleged that on the date of the incident i.e. on 26th September, 2019, the complainant was transporting a sum of Rs.1.50 crore in two bags. It is also alleged that the other accused persons have joined this petitioner to their conspiracy and had planned to snatch the said money, and accordingly, the accused No.4, 5 and 6 pretended themselves as Police officers, intercepted the car of the complainant near Taj Vivanta Hotel, Goraguntepalya and threatened CW15-Kishore and they snatched his mobile phone and also the mobile phone of this petitioner who was driving the vehicle of the complainant on that day and also threatened him with dire consequences and left CW15 and accused No.2 near J.C. Nagar Church, after taking all the amount. They have spent the said amount for themselves. There is no allegation in the charge sheet that they have paid any amount or the accused No.2 has received any amount from them in pursuance of the said conspiracy. Further, added to that it is the case of the prosecution itself that they have not only threatened CW15 but also this accused No.2 had snatched mobile phone and PAN card from him, and left them near J.C. Nagar Church. Therefore, at this stage, it gives a serious doubt as to whether actually this petitioner has conspired with the other accused to do the said illegal act has to be established beyond reasonable doubt during the course of full-fledged trial.
Under the above said facts and circumstances of the case and as there is no recovery from the petitioner; he has already been arrested and interrogated and presently is in judicial custody and charge-sheet is filed and hence the petitioner is entitled to be enlarged on bail. 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.165/2019 registered by R.M.C. Yard Police Station, Bengaluru District for the offence punishable under sections 408, 420 read with Section 34 of the Indian Penal Code, subject to the following conditions:
(i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one solvent surety for the like-sum to the satisfaction of the jurisdictional court.
(ii) Petitioner shall not indulge in tampering the prosecution witnesses.
(iii) Petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) Petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
Sd/- JUDGE lnn