IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24th DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION No.1307/2019 BETWEEN:
1. Jagadeesha @ Tommy S/o Ramanna Aged about 37 years Residing at No.652 4th Cross, 4th Main Behind Namoora Thindi Hotel Nagarabhavi 2nd Stage Bengaluru-560 072.
2. Keerthiraj @ Keerthi S/o Siddappa Aged about 26 years Residing at No.5, 10th ‘C’ Cross, Near SLV School, Near Ganesha Temple Moodalapalya, Bengaluru-560 072.
(By Sri M.R.Nanjunda Gowda, Advocate) AND:
The State of Karnataka by Annapoorneshwari Nagar Police Station Represented by State Public Prosecutor High Court of Karnataka Bengaluru-560 001.
(By Sri M.Divakar Maddur, HCGP) …Petitioners …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail in Crime No.20/2019 of Annapoorneshwari Nagar Police Station, Bengaluru City, for the offences punishable under Sections 3, 7, 25(1)(A) of Arms Act.
This Criminal Petition coming on for Orders this day, the Court made the following:-
O R D E R The present petition has been filed by the petitioner/ accused Nos.1 and 2 under Section 439 of Cr.P.C. to release them on bail in Crime No.20/2019 of Annapoorneshwari Nagar Police Station for the offences punishable under Sections 3, 7, 25(1)(A) of Arms Act.
2. I have heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.
3. The gist of the complaint is that on credible information the Police Officer on 22.1.2019 at about 9.00 p.m. went near the BMTC bus stop and ascertained two persons and therein he noticed that they were in possession of arms and were attempting to sell the said arms. Immediately they surrounded the accused persons, they were trying to fled away from the place. After apprehension and search they recovered one pistol and four live bullets in the presence of panchas and thereafter he came back and registered the case.
4. It is the main grievance of the learned counsel for the petitioners/accused that the provisions of Section 154 of Cr.P.C. are mandatory that the Police Officer immediately after receipt of credible information about the cognizable offences, he has to register the case and thereafter he has to proceed and have the investigation. But in the instant case on hand, though the credible information has been received by the Police Officer at about 9.00 p.m., the Police Officer first went to the place of incident at about 11.25 p.m. in the night and thereafter he apprehended the accused and seized the articles and at about 11.45 p.m. he came back to the police station and registered the case, He further submitted that, if the mandatory provisions of Section 154 of Cr.P.C. are not followed, the entire proceedings is going to be vitiated. In order to substantiate his submission he relied upon the decision in the case of RAMESH KUMARI Vs. STATE (NCT OF DELHI) AND OTHERS reported in (2006) 1 SCC (Cri) 678. He further submitted that the alleged offences are not punishable with death or imprisonment for life. He further submitted that the petitioners/accused are innocent and they have been falsely implicated in this case. With whom they are intending to sell the arms has not been specifically stated and those persons were also not apprehended. They are ready to abide by the conditions imposed by this Court and ready to offer the sureties. On these grounds he prayed to allow the petition and to release the petitioners on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that petitioners/accused were attempted to sell the arms without there being any valid and effective licence and the Investigating Officer has apprehended the petitioners/accused read handedly and has recovered the pistol and four live bullets. There is prima facie material as against the petitioners/accused. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
7. On close reading of the contents of the complaint and other material it clearly goes to show that though credible information has been received by the police at about 9.00 p.m., they went to the spot at about 11.25 p.m. and they apprehended the petitioners/accused and recovered the pistol and four live bullets and Rs.32,020/- and thereafter he came back to the police station at about 11.45 p.m. and registered the case. The said records disclosed that without registration of the case as contemplated under Section 154 of Cr.P.C. as held by the Hon’ble Apex Court in the case of Ramesh Kumari, the Investigating Officer has went to the place and has ignored the above said mandate. Be that as it may it is noticed that the alleged offences are not punishable with death or imprisonment for life. Under the said facts and circumstances, I feel that by imposing some stringent conditions, if the petitioners/accused are ordered to be released on bail, it would meet the ends of justice.
8. In the light of the discussions held by me above, the petition is allowed and petitioners/accused Nos.1 and 2 are ordered to be released on bail in Crime No.20/2019 of Annapoorneshwari Nagar police station for the offences punishable under Sections 3, 7, 25(1)(A) of Arms Act, subject to the following conditions:
i) Each of the petitioners shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties each for the likesum to the satisfaction of the trial Court.
ii) They shall not tamper with the prosecution evidence directly or indirectly.
iii) They shall mark their attendance in the jurisdictional police on 1st of every month in between 10.00 A.M. and 5.00 P.M. till the trial is concluded.
iv) They shall not leave the jurisdiction of the Court without prior permission.
In view of disposal of the petition, IA No.1/2019 does not survive for consideration and the same is accordingly disposed of.
Sd/- JUDGE ap*