IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE K. N. PHANEENDRA CRIMINAL PETITION No.3024/2019 BETWEEN:
Hemanth Kumar, S/o Ramesh, Aged about 25 years, R/at Shanthigrama Village, Shanthigrama Hobli, Hassan Taluk, Hassan District – 573 201. ... Petitioner (By Sri H.T. Jagadeesh, Advocate) AND:
State of Karnataka by Through Arsikere Town Police, Arsikere – 573 103.
Rep. by SPP, High Court of Karnataka, Bangalore – 560 001. ... Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioner on bail in the event of his arrest in Crime No.281/2014 of Arasikere Town Police Station, Hassan for the offence p/u/s 379 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER Heard the learned counsel for the petitioner, learned HCGP for the respondent-State and perused the records.
2. The allegations against the petitioner-accused no.1 is that on 30.06.2017, he along with other accused has committed theft of motorcycle belonging to the petitioner worth Rs.30,000/- when it was parked near the forest office at Arasikere Town Police Station. The investigation is now completed and recovery of motorcycle was already done through accused no.1.
3. The learned counsel for petitioner has contended that petitioner has not even received any summons or warrant from the court. He came to know about the above said case when the police came to his house and he apprehended arrest.
4. In the above said circumstances, it is very difficult at this stage to come to the conclusion that accused no.2 had any information with regard to filing of charge sheet by the police. There is another case pending against this petitioner in which he was released on bail. The offence under Section 379 IPC is not punishable either with death or imprisonment for life. In the above circumstances, the petitioner is entitled to be enlarged on bail by imposing stringent conditions.
5. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.281/2014 of Arasikere Town Police Station, Hassan District, subject to the following conditions:-
i) The petitioner shall appear before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and 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 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 that District without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
Np/-
Sd/- JUDGE