IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.6985/2019 BETWEEN KAUP AJARUDDIN @ MOHAMMAD AZARUDDIN @ KAUP AJAR AGED 25 YEARS SON OF LATE ABDUL KHADAR RESIDING AT SAHIL COTTAGE KOTE ROAD, KOPPALANGADI MALLAR VILLAGE UDUPI TALUK - 576210 (BY SRI. HARISH M.G., ADVOCATE) AND THE STATE OF KARNATAKA BY KARKALA TOWN POLICE UDUPI DISTRICT REP. BY THE PUBLIC PROSECUTOR HIGH COURT BUILDING ... PETITIONER 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.215/2017 OF KARKALA TOWN POLICE STATION, UDUPI FOR THE OFFENCE P/U/S.395 R/W SEC.34 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.215/2017 on the file of Respondent-Karkala Town Police Station, Udupi District, for the offence punishable under Section 395 r/w 34 of IPC.
3. The brief factual matrix of the case is that, on 30.11.2017 at about 5.40 a.m., when the complainant by name Shylaja along with her husband was returning to their house through a place called Swaraj Maidan, at that time, two unknown persons came from Karkala Bus Stand on a motor cycle and the pillion rider of that motor cycle has snatched her gold black beads chain weighing 32 grams.
4. The allegation against this petitioner is that, he was present at the time of incident in a car, which was following the alleged motor cycle. But, there was no identification of this petitioner by the complainant and no recovery of any incriminating article from this petitioner in connection with this case.
5. At present it is not forthcoming from the records that, whether the petitioner has shared the common intention of theft with Accused Nos. 1 & 2. Therefore, that aspect has to be thrashed-out and also to be proved by the prosecution beyond reasonable doubt during the full dressed trial. In the circumstances of the case, in my opinion, the petitioner has made out a case for grant of bail. Therefore, he is entitled to be enlarged on bail. Hence, the following, -
ORDER The Petition is allowed. Consequently, the petitioner (A3)-Kaup Ajaruddin @ Mohammed Aazaruddin @ Kaup Azar shall be released on bail in connection with Crime No.215/2017 of respondent- Karkala Town Police Station for the aforesaid offence, now pending before the Court of the Principal District and Sessions Judge, Udupi District, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the trial Court.
(ii) The petitioner shall not tamper with the prosecution evidence directly or indirectly.
iii) The petitioner shall mark his attendance in the jurisdictional Police Station on 1st of every month between 10.00 am and 5.00 p.m., till the trial is concluded.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission.
v) The petitioner shall not indulge in similar type of criminal activities during the pendency of the trial.
KGR* Sd/-
JUDGE