IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 7107/2019 BETWEEN KAUP AZARUDDIN AGED 25 YEARS SON OF LATE ABDUL KHADAR RESIDING AT SAHIL COTTAGE KOTE ROAD, KOPPALANGADI MALLAR VILLAGE UDUPI TALUK – 576 210 (BY SRI. HARISH .M.G., ADVOCATE) AND THE STATE OF KARNATAKA BY KARKALA TOWN POLICE UDUPI DISTRICT REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 ... PETITIONER … RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.25/2018 (S.C.NO.24/2018) OF KARKALA TOWN P.S., UDUPI DISTRICT FOR THE OFFENCE P/U/Ss 457, 395, 397, 414, 120B R/W 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 (A4) and the learned HCGP for the Respondent –State. Perused the records.
2. The respondent-police have laid the charge sheet against the petitioner, who is arraigned as Accused No.4 in SC No.24/2018 (Crime No.25/2018 of Karkala Town Police Station, Udupi District) for the offences punishable under Sections, 457, 394, 395, 414, 120 r/w 149 of IPC, which is now pending before the Court of Principal District and Sessions Judge, Udupi District.
3. The allegations in brief as per the charge sheet papers are that, on 03.02.2019, Accused Nos.1 to 3 have stealthily entered into the house of the complainant along with deadly weapons viz., Talwar, choppers, iron-rod etc. and Accused Nos.1 to 3 have assaulted CW.2 with an iron-rod and Accused No.3 assaulted with a sharp edged weapon on the face of CW.1 and Accused No.2 also entered into the house of the complainant and committed robbery in the house and taken away the valuables worth Rs.1,00,000/- and gold articles worth Rs.77,00,000/-. There is no allegation that this petitioner, who is Accused No.4 has personally participated and entered into the house of the complainant for the purpose of committing such act. However, during the course of investigation, it is found that Accused No.4 has given some articles which were the subject matter of the theft to his mother (A7) for the purpose of pledging them.
4. Looking to the above said facts and circumstances, at present it is not known, as to how the alleged ornaments came to the possession of Accused No.4 and whether Accused Nos. 1 to 3 have given them to him or not and what is the relationship between Accused Nos. 1 to 3 and 4 & 5. Therefore, all these aspects have to be established during the course of full- dressed trial.
5. Considering the nature of allegations and the alleged involvement of the petitioner (A4) in the case and also when the charge sheet has already been filed, and since the date of his arrest, he has been in judicial custody, in my opinion, the petitioner (A4) is entitled to be enlarged on bail. Hence, the following,-
ORDER The petition is allowed. Consequently, the petitioner (A4)- Kaup Azaruddin shall be released on bail in connection with Crime No.25/2018 of respondent- Police Station for the aforesaid offences, now pending before the Court of 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.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not tamper the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all 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, till the case registered against him is disposed of.
KGR* Sd/-
JUDGE