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.2708/2017 BETWEEN:
H.T.KRISHNA S/O TYAMPA J.
AGED ABOUT 45 YEARS R/AT MANGALADEVI NAGAR MADIKERI KODAGU DISTRICT – 573 234. …PETITIONER (BY SRI MAHALINGAIAH H.H. AND SRI B.LETHIF, ADVS.) AND:
STATE OF KARNATAKA BY KUSHALA NAGARA POLICE STATION KODAGU DISTRICT REP. BY SPP HIGH COURT OF KARNATAKA BANGALORE – 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.147/2016 (C.C.NO.148/2017) OF KUSHALANAGARA P.S., KODAGU DISTRICT FOR THE OFFENCES P/U/S 395 AND 397 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner/accused No.1 along with nine others is charge sheeted by the respondent/Police in respect of the offences under Sections 395 and 397 of IPC.
2. The allegation is, the accused barged into the house of the complainant, threatened her with lethal weapons, looted the valuables and a Revolver, six live pallets, cash amount of Rs.7,00,000/-, etc. During the course of investigation, the Investigating Officer has recovered Rs.6,25,930/- out of the stolen cash amount. The co-accused/accused No.2, who stands on the same pedestal with the petitioner, is enlarged on bail by the order of this Court in Criminal Petition No.2709/2017. In the given circumstance, there is no impediment to allow the petition.
Accordingly, the petition is allowed. Petitioner is enlarged on bail in Crime No.147/2016 of respondent/Police, subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.1,00,000/- with one local surety for the likesum to the satisfaction of the concerned Court.
The surety shall produce original title deeds pertaining to his immovable properties and his identity/Aadhar card for perusal of the Court. He must not have previous history of offering surety to the accused in any other criminal case so far.
(ii) He shall attend the Court on all hearing dates regularly and punctually.
(iii) He shall mark his attendance on every alternate Wednesday before the respondent-SHO till conclusion of trial.
(iv) He shall not terrorize the prosecution witnesses.
(v) He shall not indulge in criminal activities.
KNM/-
Sd/- JUDGE