IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.7380/2019 BETWEEN:
1. Kiran @ Gujar S/o Ramakrishnachari, Aged about 23 years, R/at Ramakrishnachari Nagar, Nagamangala Taluk-571014.
2. Hemantha @ Kencha S/o Kempe Gowda, Aged about 19 years, R/at Bogadi Village, Nagamangala Taluk, Mandya District-571014.
Presently R/at Nanji-3, 13th Cross Road, Gollahalli Circle, Hebbagodi, Hosuru Road, Anekal-560141.
3. Praveena @ Gulle S/o Kempegowda, Aged about 22 years, R/at Kamalapura Village, Hosapet Taluk, Bellary District-581234.
Presently R/at No.85, 4th Main, 4th Cross, Ittamadu, Banashankari 3rd Stage, Bengaluru-560074. …Petitioners (By Sri. Kumara K.G. Advocate) AND:
State of Karnataka, By Konanakunte Police Station, Represented by Learned State Public Prosecutor, High Court of Karnataka, Bengaluru-560001. ... Respondent (By Sri Rohith B.J., HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioners on bail in Cr.No.98/2019 of Konankunte Police Station, Bengaluru for the offence punishable under Sections 454, 457, 380 and 379 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 petitioners and learned HCGP for the respondent-State. Perused the records.
2. The petitioners are arraigned as accused Nos.1 to 3 in Cr.No.98/2019 of Konanakunte Police Station, Bengaluru for the offence punishable under Section 454, 457, 380 and 379 of IPC.
3. A person by name Sri. Chandrashekar has lodged a complaint on 22.04.2019 stating that on 18.04.2019, the complainant had locked his house and went to Mysuru along with his family. On 21.04.2019, the complainant received a call from his neighbour informing that the terrace door of their house was opened. Immediately the complainant rushed to his house and noticed that the grill door and the wooden door lock of the terrace was broke open and some persons had entered into the house and stolen jewels kept in almirah along with the car Santro Zip Plus bearing Reg. No.KA-05-Z-8662. On the basis of the above complaint, the respondent have investigated the matter and filed charge sheet against the petitioners in C.C.No.16094/2019 for the above said offences. The recovery has been made. Though, the learned HCGP submits that there are other six cases which are pending against the petitioners, admittedly they have been enlarged on bail in those cases.
4. Under the above the said facts and circumstance, when the case revolves around circumstances of recovery, same has to be proved during the course of full-dressed trial. Therefore, the petitioners are entitled to be enlarged on bail. Hence, the following:
O R D E R The Petition is allowed. Consequently, the petitioners (A1 to A3) shall be released on bail in Cr.No.98/2019 of Konanakunte Police Station, Bengaluru for the alleged offences subject to the following conditions:
i. The petitioners shall execute their personal bonds for a sum of Rs.1,00,000/- each (Rupees One Lakh only) with two solvent sureties for the like-sum to the satisfaction of the jurisdictional Court.
ii. The petitioners shall not indulge in tampering the prosecution witnesses.
iii. The petitioners shall appear before the jurisdictional Court on all the future hearing dates unless exempted by the Court for any genuine cause.
iv. The petitioners shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against them is disposed of.
v. The petitioners shall mark their attendance once in a week i.e., on every Sunday between 10.00 a.m. and 5.00 p.m. before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
JS/-
SD/- JUDGE