IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.3720/2019 BETWEEN:
K.T.Muniyappa, Aged about 52 years, S/o Kariyappa, Residing at No.227, Concorde Napa Valley, Kaggalipura, Uttarahalli Hobli, Bangalore South-560 082 Permanent r/o, Gulakamale Village, Uttarahalli Hobli, Bangalore South-560 082.
(By Sri.C.Praveen, Advocate) AND:
The State of Karnataka by Kaggalipura Police Station Bangalore South Taluk, Represented by the SPP, High Court Building, Bangalore-560 001.
(By Sri.K.P.Yoganna, HCGP) …Petitioner …Respondent This Criminal Petition filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.79/2019 of Kaggalipura, P.S., Ramanagara for the offence p/u/s 398, 440, 427, 506, 114 r/w 149 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and learned HCGP for the respondent-State. Perused the records.
2. Brief facts of the case on hand is that a lady by name Smt.Nalini, W/o Lakshmanreddy lodged a complaint stating that on 08.05.2019 at about 11.30 PM in the night hours, about two to three persons came near their house holding deadly weapons like Macchu, Longs, iron rod and clubs. They all threatened the complainant with dire consequences, if she did not send her husband out of the house and also demanded for money. They further threatened that if money is not paid, they will damage the properties and enter into house and kill the people inside the house. As the complainant and others were frightened, they did not come out of the house. Complainant had seen the accused persons through the window, who are named in the FIR. Accused persons damaged the glass of Toyota car belonging to one Srinivas by hitting the same with iron rods and clubs. It is also stated that those accused persons have come there at the instance of petitioner herein.
3. In the above said circumstances, the respondent-police have registered case in Crime No.79/2019 for the offence punishable under Sections 398, 440, 427, 506, 114 read with Section 149 of IPC.
4. On careful perusal of the above said allegations and perusal of the material on record, it is clear that the name of the petitioner does not find place in the FIR except stating that he actually abetted the offence committed by the accused persons who are named in the FIR. But it does not disclose that, the petitioner was present at the time of incident and made any effort or attempted to commit the robbery. The relationship between the accused persons and the petitioner or so called abetment has to be proved beyond all reasonable doubts during the course of full fledged trial.
5. Under these circumstances, in my opinion petitioner is entitled to be enlarged on bail. Hence the following;
ORDER The Criminal Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.79 of 2019 of Kaggalipura Police Station, Ramanagara, registered against him for the offences punishable under Sections 397, 440, 427, 506, 114 read with 149 of IPC subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.50,000/-(Fifty Thousand Rupees only) with one surety for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in hampering the investigation or 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.
Sd/- JUDGE SB