IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30th DAY OF MAY 2017 BEFORE THE HON’BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION No.3348/2017 Between:
1. Jayanth @ Byatri Jayanth S/o Kumar R Aged about 20 years R/at. No.45, Aluru Village Soluru Hobli, Magadi Taluk Ramanagara District-562127.
2. Nagesh @ Aluru Nagesha S/o Rangaswamaiah Aged about 22 years R/at. Aluru Village Soluru Hobli, Magadi Taluk Ramanagara District-562127.
(By Mr. Mohan Kumara D, Advocate) And:
...Petitioners State of Karnataka Rept. by State Public Prosecutor High Court Building Bangalore-560001. ... Respondent (By Mr. S. Vishwamurthy, HCGP) This Crl.P. is filed under Section 439 of Cr.P.C. praying to allow this petition and grant regular bail to the petitioners in Crime No.119/2016 dated 02-08- 2016, C.C.No.1063/2017, pending before the Court of Prl. Civil Judge (Jr.Dn.) & JMFC Court, Tumkur District, for the alleged offences punishable under Section 395 of IPC before the Kyathasandra Police Station, in the interest of justice.
This Crl.P. coming on for orders this day, the Court made the following:-
ORDER The petitioners (Accused Nos.1 and 2) along with three others are charge sheeted by the Respondent Police in respect of the offence punishable under Section 395 of the IPC in the Crime No.119/2016.
2. The allegation against these petitioners is that, on the night of 30-07-2016, the accused persons boarded the parked Lorry, threatened the driver under knife point, extorted cash of Rs.2,000/- and the Carbon Mobiles from him and CW2.
3. Learned counsel for the petitioners submits that the petitioners and co-accused were arrested on 02-08-2016 in Crime No.247/2016, registered by the Dabaspet Police and thereafter this case with the seized articles was transferred to the Respondent Police Station having jurisdiction in the matter and the accused No.5 is enlarged on bail in the petition filed before this Court in Criminal Petition No.9244/2016, disposed of on 23/01/2017. Since the petitioners are not required for further investigation, they may also be enlarged on bail.
4. Learned HCGP while opposing the petition submits that the petitioners are habitual offenders involved in similar offences in four other cases.
5. However, having regard to the fact that the investigation is complete and the co-accused similarly placed is enlarged on bail, there is no impediment to allow the petition.
6. Accordingly, the petition is allowed. The petitioners are enlarged on bail in Crime No.119/2016 registered by Kyathasandra Police, subject to following conditions:-
(i) Petitioners shall be enlarged on bail on each of them executing a self bond for a sum of `50,000/- (Rupees Fifty Thousand Only) with one local surety for the likesum to the satisfaction of the concerned Court;
(ii) The sureties shall furnish to the Court the original title deeds of their immovable property and their identity cards/Aadhar cards for perusal;
(iii) They shall mark their attendance before the Respondent Investigating Officer on every Tuesday till conclusion of the trial;
(iv) They shall attend the Court on all the hearing dates;
(v) They shall maintain themselves as law abiding citizens and shall not terrorize the prosecution witnesses.
Sd/- JUDGE BMV*