IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF OCTOBER 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6826 OF 2019 BETWEEN:
HARISHA @ BENNE S/O.CHIKKANNA @ BENNA CHIKKANNA AGED ABOUT 24 YEARS R/AT DODDAGOLARAHATTI SRINIVASANAGAR PIPELINE, MAGADI MAIN ROAD BENGALURU-560 091 …PETITIONER (BY SRI J.T.GIREESHA, ADVOCATE) AND:
STATE OF KARNATAKA BY TAVAREKERE P.S. REP. BY SPP HIGH COURT BUILDING BENGALURU-560 001 …RESPONDENT (BY SRI ROHITH B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO RELEASE THE PETITIONER ON ANCTIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.90/2019 OF TAVAREKERE P.S. ON THE FILE OF II ADDITIONAL CIVIL JUDGE (JR.DN.) AND JMFC COURT, MAGADI, RAMANAGARA DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 399 AND 402 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned Counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. The petitioner is arraigned as accused No.6 in Crime No.90/2019 of Tavarekere Police Station for the offence punishable under Sections 399 and 402 of IPC.
3. The facts of the case are that on 13.03.2019 on the credible information, the respondent-Police had been to Peddanapalya-Hunnigere road and observed that 5-6 persons standing by the side of the road with auto and motor cycles with deadly weapons in order to commit dacoity. On suspicion, those persons were arrested and recovered some deadly weapons like long, club and packets of chilly powder etc.
4. On perusal of the above said allegations, it is only on the suspicion, the Police have arrested accused Nos.1 to 4. The petitioner’s name was also mentioned perhaps on the basis of the voluntary statement of the other accused persons.
5. Under the above said circumstances, the suspicion itself is not sufficient at this stage to refuse the bail. Therefore, 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 the event of his arrest in connection with Crime No.90/2019 of Tavarekere Police Station for the offence punishable under Sections 399 and 402 of IPC subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute his personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer;
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses;
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for;
iv) The petitioner shall not leave the jurisdiction of Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier;
v) The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE LB