IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF OCTOBER, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.6676 OF 2017 BETWEEN 1. KIRAN KUMAR @ MOTTE S/O SRINIVAS AGED ABOUT 19 EYARS RESIDING AT NO.377 6TH CROSS, 2ND MAIN BANGARAPPA NAGARA RAJARAJESHWARINAGARA BANGALORE – 560 098 2. YOGESH @ YOGI S/O DHANARAJ @ SHIVARAJ AGED ABOUT 20 YEARS RESIDING AT NO.572 2ND MAIN, 8TH CROSS BANGARAPPA NAGARA RAJARAJESHWARINAGARA BANGALORE – 560 098 (BY SRI. K. LAKSHMIKANTH, ADV.,) AND STATE OF KARNATAKA BY BYATARAYANAPURA POLICE STATION REPRESENTED BY ITS PUBLIC PROSECUTOR ... PETITIONERS HIGH COURT BUILDING BANGALORE – 560 001 (BY SRI. S.VISHWAMURTHY, HCGP) ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CRIME NO.170/2017 OF BYATARAYANAPURA POLICE STATION, BANGALORE FOR THE OFFENCE PUNISHABLE UNDER SECTION 397 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners are in judicial custody since 06.06.2017 in Crime No. 170/2017 registered by the respondent-police in respect of the offence punishable under Section 397 of IPC. The case was initially registered against unknown seven persons. During the pendency of this petition, on completion of investigation, I.O. has field charge sheet in respect of the offence punishable under Section 397 of IPC. The petitioners are arrayed as accused Nos. 3 and 4. Accused No. 6 is absconding.
2. The allegation is, accused Nos. 1 to 7 waylaid the car of the complainant, extorted cash of Rs.1,60,000/- and a Samsung J7 mobile phone. As per the charge sheet papers, on arrest of the first petitioner/accused No.4, on voluntary statement a cash amount of Rs.8,400/- and a Samsung J7 mobile phone was recovered from accused No.3. From the possession of this petitioner, only one Royal Enfield bullet and a cash of Rs.5,100/- is recovered which is there own property.
4. Petitioners have no criminal antecedents.
Investigation since compete, there is no impediment to allow the petition. Accordingly, the following:
1. Petition is allowed. Petitioners are enlarged on bail on executing a self bond for a sum of Rs.50,000/- (Fifty Thousand Rupees Only) each with one local surety each for the likesum to the satisfaction of the concerned court.
The sureties shall furnish to the Court the original tile deed of their immovable property and their Identity Card/Adhaar Card for perusal. They must be without antecedent of offering surety in criminal cases.
2. They shall attend the court regularly on all the hearing dates and shall not indulge in any criminal activities.
Sd/- JUDGE Bsv