IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY 2019 BEFORE THE HON'BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.2491 OF 2018 BETWEEN:
L.M.Nagesh @ Naga, S/o L.M.Munibyerappa Aged about 20 years, Resident of No.159/210, Laggere Main Road, Near Shanimahathma Temple, Rajarajeshwarinagara, Laggere, Bengaluru-560 058.
(By Sri.Nagaraja.N, Advocate) AND:
State by Rajagopalanagara Police Station, Bengaluru Rep by State Public Prosecutor High Court Building Bengaluru-560 001.
(By Smt.Namitha Mahesh B.G., HCGP) …Petitioner ..Respondent This Criminal Petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Crime.No.71/2017 (C.C.No.12751/2017) of Raja Gopal Nagar Police Station, Bangalore City for the offence P/U/S 399 and 402 of IPC.
This Criminal petition coming on for Orders, this day, the Court made the following:
ORDER Rajaopalanagara Police have charge-sheeted the petitioner and six other offenders in Crime No.71/2017 for the offences punishable under Sections 399 and 402 of IPC on the basis of complaint of Sri.V.J.Mithun Shilpi, Police Inspector of Rajagopalanagara Police Station.
2. It is alleged that on 17.01.2017 at about 4.15 a.m. at Doddamma Industrial Area, GKW Layout, Bangalore, the accused armed with clubs, knives and cricket bats were making preparation for committing dacoity. It is further alleged that accused Nos. 1 and 2 and J2 and J3 were apprehended and other accused escaped. It is alleged that interrogation of the apprehended accused revealed the involvement of the present petitioner and other co-accused.
3. Petitioner is arraigned as accused No.4 in the present case. As already pointed out, implication of the petitioner is on the basis of alleged confessional statement of the co-accused. Incriminating material were seized and charge-sheet has already been filed. Except for the trial, detention of the petitioner is not required for any other purpose. Other co-accused have been granted bail in the matter.
4. It is contended that petitioner is involved in Crime No.220/2018, Rajagopalanagara Police Station. But he was granted bail in the said case. Under these circumstances, it is a fit case to grant anticipatory bail to petitioner. Therefore, the petition is allowed.
5. The petitioner/accused No.4 is granted anticipatory bail in Crime No. 71 of 2017 of Rajagopalanagara Police Station. If he is arrested in the said case, he shall be released on bail on the following conditions:
(i) He shall appear before the Investigating Officer within ten days from the date of receipt of copy of this order.
(ii) He shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the likesum to the satisfaction of the Investigating Officer/Magistrate for his appearance.
(iii) He shall appear before the Court as and when required for the purpose of trial.
(iv) He shall not tamper the prosecution witnesses in any manner.
Sd/- JUDGE SB/-