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.7989/2019 BETWEEN K. CHETHAN @ CHETHU @ MACCHE S/O KRISHNAPPA AGED ABOUT 20 YEARS RESIDING AT NO.97, 1ST MAIN 11TH CROSS, BAPUJINAGAR BENGALURU - 560 026 PERMANENT RESIDENT OF ALAHALLI FACTORY CIRCLE CHURCH ROAD MANDYA – 571 401 (BY SRI. RAMESH H.N., ADVOCATE) AND ... PETITIONER THE STATE OF KARNATAKA BY NELAMANGALA RURAL POLICE STATION REP. BY THE SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA 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.229/2018 REGISTERED BY NELAMANGALA RURAL POLICE STATION, BENGALURU DISTRICT FOR THE OFFENCE P/U/S 395 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. The petitioner is arraigned as Accused No.6 in C.C. No.1812/2019 filed by the respondent-Nelamangala Rural Police Station, Bengaluru District in connection with Crime No. 229/2018. Initially, on the basis of the complaint lodged by one Sri. Sampath, the respondent- police have registered the said case for the offence punishable under Section 395 of IPC against five unknown persons.
3. The FIR discloses that on 24.09.2019 when the complainant was in Indian Oil Petrol Bunk situated at NH-4 Road next to B.P. Indian School, some five persons entered the said petrol bunk holding deadly weapons and threatened the inmates of the Petrol Bunk and taken away cash of Rs.1,45,000/-, CC TV DVR phones and caused damage to some auto machine equipments. It is alleged that during the course of investigation, the police have recovered the monitor pertaining to the CC TV from this petitioner (A6). But the presence of this petitioner at the place of incident was not spoken to by the complainant. The complainant stated that, only five persons were said to have been present at the time of incident. But, the petitioner has been arraigned as Accused No.6 in the charge sheet and the exact role of this petitioner in the alleged incident was not stated anywhere in the police records. At the most, he can be dragged to the offence of theft or receiver of stolen property, as his presence has not been spoken to by anybody. It is also submitted that he has already been arrested and he is in judicial custody. It appears that he may not be required for any further custodial interrogation. Therefore, in my opinion, the petitioner (A6) is entitled to be enlarged on bail on certain conditions. Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioner (A6)- K. Chethan @ Chethu @ Macche shall be released on bail in connection with C.C. No.1812/2019 (Crime No. 229/2018 of the respondent-Nelamangala Rural Police Station) for the aforesaid offence, now pending before the court of Additional Senior Civil Judge and CJM, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties 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.
Sd/-
JUDGE KGR*