IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No. 6595/2018 Between:
1. Smt. Kalavathi @ Krishnaveni @ Geetha A-3, W/o. Venkatesha, Aged about 35 years, R/at K. M. Doddi, 5th Cross, Bharathinagar, Maddur Taluk, Mandya District 571 402.
2. Smt. Jyoti @ Geetha W/o. Mallesha, Aged about 30 years, R/at K. M. Doddi, 5th Cross, Bharathinagar, Maddur Taluk, Mandya District 571 402.
3. Alavelu @ Alaveri W/o. Suresha, R/at K. M. Doddi, 5th Cross, Bharathinagar, Hiriyuru Harishchandra Ghat, Maddur Taluk, Mandya District 571 402. … Petitioners (By Sri. Basavaraj H. E., Advocate) And:
State of Karnataka By Harihar Town Police, Davanagere District, Rep. by the State Public Prosecutor, High Court Complex Premises, Bengaluru 560 001.
(By Sri. K. P. Yoganna, HCGP) …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C., praying to release the petitioners on bail in C.C.No.10/2018 (Crime No.122/2017) of Harihar Police Station punishable u/s 395 of IPC pending on the file of the Hon’ble I Addl. Civil Judge, Sr. Dn. Harihar.
This Criminal Petition coming on for orders this day, the Court, made the following:
ORDER Petitioners are seeking to be enlarged on bail in connection with their detention pursuant to the proceedings in Crime No.122/2017 for the offence punishable under Section 395 of IPC.
2. The case of the prosecution is that a complaint was filed by Suvarnamma stating that on 18.07.2017, she had gone to Renebennur and after completion of her work, she returned to Harihara by bus and had alighted in front of Hotel Ayodhya. It is stated that after having some snacks, a lady approached her seeking for alms and when she had opened her vanity bag, it is alleged that 4 to 5 persons surrounded and dragged the complainant and snatched her purse. Complaint was lodged, FIR is registered, investigation is complete and charge sheet has been filed.
3. Learned counsel for the petitioners states that the petitioners are in custody since 19.07.2017. It is further stated that recovery is only from accused Nos.
1 and 2 and there has been no recovery from the petitioners. It is further contended that the identity of the petitioners as participators in the crime and proof of offence is a matter for trial.
4. Taking note of the fact that the petitioners are in custody since 19.07.2017; proof of offence is a matter for trial; the identity of the petitioners has to be demonstrated in accordance with law and noting that the present proceedings cannot be treated to be punitive in nature, petitioners are entitled for bail.
5. Accordingly, the bail petition filed by the petitioners under Sec. 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No.122/2017 for the offence punishable under Section 395 of IPC, subject to the following conditions:
(i) The petitioners shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) each with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioners shall mark their attendance before the concerned Station House Officer once in a month between 10.00 a.m. and 5.00 p.m. till the conclusion of trial.
(iii) The petitioners shall fully co-operate for the expeditious disposal of the trial.
(iv) The petitioners shall not tamper with evidence, influence in any way any witness.
(v) In the event of change of address, the petitioners to inform the same to the concerned SHO.
(vi) Any violation of the aforementioned conditions by the petitioners, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE VP