IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.8033/2019 BETWEEN MR. INDRESH S/O. LATE KRISHNAPPA AGED 48 YEARS R/AT. NO. 11, VAJARAHALLI THALAGHATTAPURA POST KANAKAPURA MAIN ROAD BENGALURU – 560 062 ... PETITIONER (BY SRI. I.S. PRAMOD CHANDRA, ADVOCATE) AND STATE OF KARNATAKA BY THALAGHATTAPURA POLICE BENGALURU THROUGH THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DR. AMBEDKAR VEEDHI BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B.J, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.239/2019 OF THALAGHATTAPURA POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/Ss. 447, 504, 506, 509, 384, 511 OF IPC THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the Respondent –State. Perused the records.
2. A case has been registered against the petitioner in Crime No.239/2019 by the Respondent- Thalaghattapura Police Station, Bengaluru, for the offence punishable under Sections 447, 504, 506, 509, 384 & 511 of IPC, now pending before the court of Addl. Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru.
3. The brief facts of the case are that, on 08.02.2019, the complainant was putting up construction in Site No.10 at Balaji Extension and the petitioner went there and demanded for money and otherwise he would obstruct construction of the building. In that context, it is alleged that, again on 27.09.2019, the petitioner trespassed into the compound of the house of the complainant and demanded for money and when the complainant refused to pay the amount, the petitioner threatened him with dire consequences of killing him and his family members.
4. Learned HCGP submits that, the Police have investigated the matter and submitted the charge sheet.
5. On perusal of the complaint averments, it is seen that the petitioner has demanded for money, but the complainant has not paid any amount to the petitioner. It appears, in that context, the petitioner threatened the complainant with dire consequences. It is noticed that the alleged incident is said to have taken place on 27.09.2019, but the complaint came to be lodged on 04.10.2019. There is a delay in lodging the complaint. Further, in the complaint it is also stated that, initially the incident was taken place on 08.02.2019 and it is noticed that, then also no complaint was lodged. In the facts and circumstances of the case, I am of the opinion that, the petitioner is entitled to be enlarged on bail. Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioner/accused-Mr. Indresh shall be released on bail in connection with Crime No.239/2019 of Respondent- Thalaghattapura Police Station, Bengaluru, for the aforesaid offences, now pending before the Court of Addl. Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru, subject to the following conditions:
(i) The petitioner 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 jurisdictional Court.
(ii) The petitioner shall not tamper 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, till the case registered against him is disposed of.
KGR* Sd/-
JUDGE