IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.8273/2017 BETWEEN:
K G SRINIVAS 30 YEARS, S/O GOVINDA RAJU KACHANAHALLI KASABA HOBLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT.
(BY SRI.N S VIJAYANTH BABU, ADV.) AND STATE OF KARNATAKA BY NELAMANGALA RURAL POLICE REP. BY PUBLIC PROSECUTOR HIGH COURT BENGALURU-560001.
...PETITIONER ...RESPONDENT (BY SRI.CHETAN DESAI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.215/2017 OF NELAMANGALA RURAL P.S., BANGALORE DISTRICT FOR THE OFFENCE P/U/S 392 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed by the petitioner/accused No.5 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 392, registered in respondent – police station Crime No.215/2017. But subsequently, as per the requisition by the Police, in place of offence under Section 392, offence under Section 395 of IPC came to be inserted in the case.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.
3. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record.
4. Perusing the materials, it shows that nozzle materials were stored along with other materials in the godown and there were security guards keeping watch over the same. The further averments in the complaint shows that during that night some 3-4 persons came and entered into the said godown, assaulted the security guard, tied his limbs with tape, then they damaged the CCTV cameras installed in the godown and committed theft of nozzle materials. On the basis of the said compliant, case came to be registered for the offence under Section 392 of IPC, but subsequently the offence under Section 395 of IPC came to be added in the case.
5. It is stated by the complainant in the complaint that the incident took place during night hours. Therefore, the identity of the accused persons is to be established by the prosecution. Admittedly, there is no test identification parade is conducted in the case. But when the accused persons were apprehended and taken to Police Station, they were identified in the Police Station, except that there is no other material. Now the investigation is completed and charge sheet has been filed. The petitioner has contended in the petition that he has been falsely implicated in the case, he was not involved in committing the alleged offence and he has undertaken to abide by any conditions to be imposed by this Court. The alleged offence is also not exclusively punishable with death or imprisonment for life. Hence, I am of the opinion that by imposing reasonable conditions, petitioner can be released on bail.
6. Accordingly, petition is allowed.
Petitioner/accused No.5 is ordered to be released on bail in Crime No.215/2017 registered for the above said offence, subject to the following conditions:
i. Petitioner has to execute a personal bond for Rs.50,000/- and has to furnish one surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner has to appear before the concerned Court regularly.
Sd/- JUDGE BSR