IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K N PHANEENDRA CRIMINAL PETITION NO.6640 OF 2019 BETWEEN:
K DHANUSH, S/O KRISHNAPPA R, AGED ABOUT 20 YEARS, R/O MALLATHAHALLI, BENGALURU, PERMANENT R/O RASTHEPALYA, AAAA THIPPASANDRAHOBLI, MAGADI TALUK, RAMANAGAR - 562 120. ...PETITIONER (BY SRI PRASAD B S, ADVOCATE) AND:
STATE OF KARNATAKA, BY HULIYURDURGA, REP BY SPP, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SRI ROHIT B J, HCGP) **** THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.87/2019 OF HULIYURDURGA POLICE STATION, TUMAKURU FOR THE OFFENCE P/U/S 395, 397 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.3 in Crime No.87/2019 on the file of the respondent police. After investigation a charge sheet has been filed against the petitioner and other accused persons in C.C. No.43/2019 for the offences under Sections 395 and 397 of the Indian Penal Code.
3. The brief facts of the case are that in the intervening night of 17th May and 18th May of 2019 near Krishna Crusher on Magadi-Huliyurdurga road the present petitioner along with other accused persons came in four motor bikes and intercepted a lorry belonging to the complainant bearing registration No.KA 46-0624 which was proceeding towards Hirisave. All the accused persons have threatened the complainant with the tip of the knife and robbed an amount of Rs.51,000/- and a Samsung Mobile Phone, etc., 4. The records discloses that accused No.9 and other accused are juvenile accused, has already been arrested and there was recovery of an amount of Rs.300/- from the accused No.1 and also recovery of a mobile from accused No.6 and during investigation the identification parade is also completed and thereafter the charge sheet has been filed. Looking to the above said facts and circumstances, there is no recovery as such alleged against this petitioner. However, he was also arrested and after identification parade and also after completion of the investigation a charge sheet has been filed.
5. Under the above said facts and circumstances, the offences are not compulsorily punishable either with death or imprisonment for life. Under the facts and circumstances, considering the long incarceration of the accused, the petitioner is entitled to be enlarged on bail with conditions. Hence the following ORDER The Petition is allowed. Consequently, the petitioner (A-3) K Dhanush shall be released on bail in connection with Crime No.87/2019 (C.C. No.43/2019) of Huliyurdurga Police Station on the file of Senior Civil Judge and JMFC, Kunigal, Tumkur, for the offence punishable under Sections 395, 397 of IPC 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 indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the 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 of the court till the case registered against him is disposed of.
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