IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 4875/2019 BETWEEN SRI. M.J.SUNIL S/O GANESHAPPA AGED 26 YEARS R/AT GAMA VILLAGE ANJANAPURA HOBLI SHIKARIPURA TALUK SHIVAMOGGA DISTRICT – 577 201 ... PETITIONER (BY SRI. K. SRIKANTH PATIL, ADVOCATE) AND THE STATE OF KARNATAKA BY SAKRAYAPATTANA POLICE STATION KADUR CIRCLE NOW REP.BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDING BENGALURU – 560 001 …. RESPONDENT (BY SRI. K. P. YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO. 86/2019 OF SAKKARAYAPATNA POLICE STATION, CHIKKAMAGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 397, 353, 332 AND SECTION 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner is arraigned as Accused No.4 in Crime No. 86/2019 of Sakkarayapatna P.S. for the offences punishable under Sections 397, 353, 332 r/w.34 of IPC, now pending on the file of II Addl. Civil Judge (Jr.Dn.) and JMFC, Kadur, Chikmagalur District.
2. The allegations made against the petitioner (A4) in brief are that, on 06/07.06.2019 Midnight at about 1.30 hours, when the respondent-police were on patrolling, near Sakkarayapatna Town, Chikkamangaluru District, they found a car which was suspiciously moving in high speed. Immediately, the respondent-police intercepted Maruthi Zen Car bearing Registration No. KA.04.Z-0013 and found four persons inside the Car. On suspicion, the police asked them to get down from the car and in that context, it is alleged that one of the accused by name Suresh assaulted one of the Police Constables on the cheek. On examination of the car, the police found some deadly weapons ie., Longs in the said car and when they enquired them, the police got an information from accused persons that, they stored those items in the alleged car for the purpose of committing dacoity.
3. Looking to the above said circumstances, at present, except the voluntary statement of the accused persons, nothing is available against the accused persons. Moreover, the petitioner (A4) is said to have not protested against police in any manner. Therefore, the petitioner (A4) is entitled to be enlarged on bail. Hence, the following:
ORDER The petition is allowed. Consequently, the respondent-Police are hereby directed to release petitioner (A4)-M.J. Sunil on bail in the event of his arrest in connection with Crime No.86/2019 of Sakkarayapatna Police Station, Kadur, Chikkamagalur District, for the aforesaid offences, now pending on the file of II Addl. Civil Judge (Jr.Dn.) and JMFC, Kadur, Chikmagalur District, on the following conditions:
i) The petitioner (A4) shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like- sum to the satisfaction of the Investigating Officer.
ii) The petitioner shall not hamper the investigation and tamper the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation and shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of the Chikkamagalur District without prior permission of the Investigating Officer, till the charge sheet is filed or for a period of three months, whichever is earlier.
v) The petitioner shall mark his attendance once in 15 days between 10.00 and 5.00 p.m., before the concerned Investigating Officer, till filing of the final report.
Sd/-
JUDGE KGR*