IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.4460/2019 Between:
Indrasingh @ Indra @ Indrakumara, S/o Kalusingh, Aged about 24 years, R/at Baglisindlan, Jalore Taluk, Jalore, Rajasthan – 67. ... Petitioner (By Sri. K.C.Pratheep, Advocate) And:
The State of Karnataka, Represented by Hassan Town Police Station, Hassan District.
Represented by its State Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001. ... Respondent (By Sri. K.P.Yoganna, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.26/2019 registered by Hassan City Police Station, Hassan for the offences P/U/S 395, 397 and 458 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 High Court Government Pleader for the respondent - State. Perused the records.
2. The respondent – Hassan Town Police have laid a charge sheet against the accused and others for the offence punishable under Sections 395, 397, 458 of IPC in Crime No.26/2019. The petitioner is arraigned as accused No.6 in the said case.
3. The case of the prosecution is that accused Nos.1 and 2 in this case were working in the house of CW.1-Antony at Hassan Town. Accused Nos.1 and 2 have intended to commit dacoity in the house of CW.1. Therefore, it is alleged that they have secured accused Nos.3 to 8 and thereafter on 22.2.2019 accused Nos. 1 to 3 had been to the house of CW.1, accused No.2 stood out side the house and thereafter accused Nos.3 and 8 caught hold of CW.1 and accused No.1 in fact has assaulted the complainant and thereafter he committed theft of money as well as mobile and also gold articles from the house. The petitioner was arrested along with other accused person and there was absolutely no recovery from the present petitioner and the Police have recovered only 50 grams of gold from accused No.8 and a bag containing a sum of Rs.14,10,000/-. It is also stated in the charge sheet that so far as recovery of further articles are concerned, accused Nos.1 to 3 have to be apprehended. Therefore from the reading of charge sheet it is seen that there is no mention that after commission of dacoity any bounty was offered to this accused No.6 and the petitioner was not in possession of any incriminating articles. There is no allegation in the charge sheet that any other cases are pending against the petitioner. Therefore, looking into the above circumstances of the case, the participation of the petitioner and overt act has to be established during a full dressed trial.
4. Considering the nature of allegations and facts of the case and as the accused has been in judicial custody since the date of his arrest, it is necessary to release the petitioner on bail. Hence, the following:
O R D E R The Petition is allowed. Consequently, the petitioner (accused No.6) shall be released on bail in connection with Crime No.26/2019 of Hassan City Police Station pending on the file of Principal Civil Judge and JMFC, Hassan for the offences punishable under Sections 395, 397 and 458 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of.
Sd/- JUDGE RS/*