IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2017 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO CRIMINAL PETITION NO.946/2017 BETWEEN:
GURURAJ @ SCOPY S/O. LATE MUTTIAH AGED ABOUT 25 YEARS R/AT NO.204, 7TH CROSS, NEAR SAINT YASH PUBLIC SCHOOL, BYARAHALLI, KEMPEGOWDA NAGAR BENGALURU-560 091 … PETITIONER (BY SRI PRASANNA KUMAR P., ADVOCATE) AND:
STATE OF KARNATAKA BY KAMAKSHIPAALYA POLICE STATION, BENGALURU, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001 … RESPONDENT (BY SRI K. NAGESHWARAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.186/2016 OF KAMSHIPALYA POLICE STATION, BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 399 AND 402 OF IPC.
THIS PETITION COMING FOR ORDERS ON THIS DAY THE COURT MADE THE FOLLOWING:
ORDER The substance of the case is that Crime No.186/2016 is registered by the respondent police against accused No.1-Jagadish, accused No.2-Raghu and against three unknown persons, wherein, it is stated that, on definite information that accused Nos.1 and 2 and three others were involved in dacoity being armed with deadly weapons at Sunkadakatti at Pillappanakatte open space raided the spot and found the accused persons holding Wooden Clubs, Iron Long and Knives in their hands. Police apprehended accused Nos.1 and 2 and seized the weapons under Mahazar in the presence of Panchas and others three ran away. The charge sheet is filed against Jagadish, Raghu and three unknown persons.
2. Petitioner is accused No.4 in the case and it is submitted by the learned counsel for the petitioner that the petitioner is in custody since 29.06.2016.
3. On perusal of the order of the learned Sessions Judge in Crl.Misc.9129/2016 it is clear that the application filed by the petitioner herein under Section 439 of Cr.P.C., for the offences punishable under Sections 399 and 402 of IPC against the petitioner among the others was rejected on 28.12.2016.
4. It is seen in the order that the petitioner availed the benefit of anticipatory bail and because of his irregularity in appearing before the trial Court, the trial Court ordered for arresting the petitioner by executing Non-Bailable Warrant. Considering the fact that the petitioner is in judicial custody it is just and proper to order for release of the petitioner on bail.
5. Accordingly, petition is allowed. Petitioner is enlarged on bail in Crime No.186/2016 registered by respondent Police subject to the following conditions:
i) Petitioner shall be released on bail on executing a personal bond for a sum of Rs.50,000/- with one surety for like sum to the satisfaction of the concerned Court;
ii) He shall not indulge in any criminal activities and maintain himself as law abiding citizen;
iii) He shall not prevail upon or threaten the prosecution witnesses.
iv) He shall mark his attendance before the respondent-police on every Saturday between 9.00 a.m. and 6.00 p.m., each month, till disposal of the case.
v) Any deviation from the above shall entitle the I.O to move for cancellation of bail.
The concerned Court while accepting the surety Bond shall examine the original documents pertaining to the immovable property of the surety and also their Identity Card/Aadhar Card.
Sd/- JUDGE SBS*