IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.1858 OF 2017 BETWEEN:
GOPI M @ THAMBI, S/O MUNISWAMY, AGED ABOUT 21 YEARS, R/AT NO. 173/3, NEAR GANESHA TEMPLE, KARIGUPPE MAIN ROAD, BSK III STAGE, BANGALORE-560085 ... PETITIONER (NOW IN JUDICIAL CUSTODY) (By SRI.CHANDRASHEKARA K A, ADVOCATE) AND:
THE STATE OF KARNATAKA, BY THE POLICE OF, RAJARAJESWARI NAGARA POLICE STATION, BANGALORE CITY 560098.
REP BY SPP, HIGH COURT OF KARNATAKA BENGALURU – 560 001 ... RESPONDENT (By SRI.K.NAGESHWARAPPA, HCGP) THIS CRIMINAL PETITION FILED IS U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.104/2016 OF RAJARAJESHWARI NAGAR POLICE STATION, BENGALURU CITY, FOR THE OFFENCE P/U/S 120(B),397,302 R/W 34 OF IPC AND ETC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent- State.
2. The respondent police charge sheeted the petitioner/A4 along with three others in their Crime No.104/2016 in respect of the offences punishable under Section 120(B), 397, 302 R/w 34 of IPC.
3. The case of the prosecution is, during the evening hours of 31.05.2016 the accused persons barged into the house of the deceased Smt. Lakshmi Rajyam, pushed her down, gagged her mouth, strangulated her neck with a wire, extorted her gold ornaments, cash and mobile phone of Nokia company. On arrest, at the instance of A2 and A3 entire stolen gold ornaments were seized and at the instance of A4 mobile phone is recovered. Similarly placed A1 is enlarged by the order of this Court in Criminal Petition No. 8929/2016 dated 10.01.2017.
4. Since the case of the prosecution is based on circumstantial evidence and no incriminating material is seized at the instance of the petitioner, there is no impediment to allow the petition. Accordingly, I pass the following:
ORDER Petition is allowed in part. Petitioner is enlarged on bail in Crime No. 104/2016 registered by the respondent Police subject to the following conditions, (i) He shall execute a self bond for a sum of Rs.2,00,000/- (Rupees Two lakhs only) with two local solvent sureties for the likesum to the satisfaction of the Concerned Court.
The concerned Court while accepting the surety bond, shall examine the original documents pertaining to the immovable properties of the sureties and their Aadhaar Cards/Identity Cards. They must not have offered surety to the accused persons in any other criminal case.
(ii) He shall attend the Court on all hearing dates regularly and punctually.
(iii) He shall not threaten or prevail upon the prosecution witnesses in any manner.
Sd/- JUDGE akv