IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.8286/2019 BETWEEN 1. IRFAN BAIG @ BAIG S/O KHADAR BAIG AGED ABOUT 24 YEARS R/AT. HANDENAHALLI VILLAGE ANUGONDAHALLI HOBLIE HOSKOTE TALUK BENGALURU RURAL DISTRICT – 560 067 2. KANAKARAJA @ SIMHA S/O LATE BALAPPA AGED ABOUT 28 YEARS R/AT AMEDKAR COLONY TARABAHALLI, JADIGENAHALLI HOBLI, HOSAKOTE TALUK BENGALURU RURAL DISTRICT – 560 067 (BY SRI. ABDUL SAB C.B., ADVOCATE) AND STATE OF KARNATAKA BY AVALAHALLI POLICE STATION ... PETITIONERS REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 … RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.305/2019 REGISTERED BY AVALAHALLY POLICE STATION, BENGALURU DISTRICT FOR THE OFFENCE P/U/Ss. 399 AND 402 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned HCGP for the Respondent –State. Perused the records.
2. The petitioners are arraigned as Accused Nos.1 & 5 in Crime No.305/2019 of respondent- Avalahally Police Station, for the offence punishable under Sections 399 & 402 of IPC, now pending before the Court of Addl. Chief Judicial Magistrate, Bengaluru Rural District at Bengaluru.
3. The brief facts of the case are that, on 31.10.2019, the respondent-police have received a credible information that, some persons are gathered near Bidarahalli-Kithaganuru Road, Near Bridge of Bidarahalli Hobli, Bengaluru, along with deadly weapons for the purpose of committing dacoity. Immediately the police personnel went there and surrounded the five persons who were gathered there and enquired them to ascertain their names. The police also found that, they were having deadly weapons like longs and chilly powder etc. with them and on suspicion that those persons were gathered at the spot for the purpose of committing dacoity, the police have arrested them and started investigation in the matter.
4. It is seen from the records that, only on suspicion that the accused persons were gathered at the spot to commit dacoity, the police have arrested them. Therefore, it has to be established during the Course of trial that, the accused persons were gathered at the spot for the purpose of committing dacoity or not. Added to that, it is stated that the accused persons have already been arrested and interrogated and presently they are in judicial custody.
5. In the above facts and circumstances of the case, I am of the opinion that the petitioners (A1 & A5) are entitled to be enlarged on bail. Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioners (A1 & A5) shall be released on bail in connection with Crime No.305/2019 of Respondent- Avalahally Police Station, Bengaluru District, 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 petitioners shall execute their personal bonds for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioners shall not tamper the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against them is disposed of.
v) The petitioners shall mark their attendance once in a week ie., on every Sunday between 10.00 am and 5.00 p.m., till filing of the charge sheet or for a period of two months, whichever is earlier.
KGR* SD/-
JUDGE