IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE K. NATARAJAN CRIMINAL PETITION NO.1882 OF 2019 BETWEEN:
MADAN @ MANJUNATHA, S/O PALAKSHA, AGED ABOUT 23 YEARS, ESHWARAHALLI VILLAGE, BELAGODU HOBLI, ALUR TALUK, HASSAN DISTRICT – 573 102. …PETITIONER (BY SRI CHANDRASHEKARA K.A., ADVOCATE) AND:
THE STATE OF KARNATAKA BY THE POLICE OF ARAKALAGUDU POLICE STATION, HASSAN DISTRICT – 560 050.
REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA BENGALORE – 560 001.
…RESPONDENT (BY SRI I.S. PRAMOD CHANDRA, SPP-II) THIS CRIMINAL PETITION FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.211/2016 OF ARAKALAGUD POLICE STATION, HASSAN FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 399 AND 402 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed by the petitioner-accused No.5 under Section 438 of Cr.P.C. for grant of anticipatory bail.
2. The case of the petitioner is that the respondent-Arakalagudu Police registered a case against accused Nos.1 to 4 and this petitioner in Crime No.211/2016 (C.C.No.227/2017) for the offence punishable under Sections 399 and 402 of IPC.
3. It is alleged by the PSI-Arkalagudu Police Station that on 28.08.2016 at about 8.30p.m. they received credible information. The I.O. visited the spot, where the petitioner and other accused said to have prepared to commit dacoity in a lonely place and immediately they surrounded them, out of them, accused Nos.1 to 3 were arrested and two other persons said to be ran away from the spot. Thereafter, the I.O. seized the iron rod, knife, iron pipe, two clubs and chilly powder packet. During interrogation, the name of the petitioner is said to have been revealed by accused Nos.1 to 3.
4. The petitioner’s counsel submitted that petitioner is innocent of the alleged offence and he has been falsely implicated in the present case on the voluntary statement of accused Nos.1 to 3. Investigation has been completed and charge sheet is filed in the case. Hence, prays for allowing the petition.
5. Per contra, learned SPP-II for respondent- State objected the petition for grant of anticipatory bail.
6. On hearing the arguments, it is brought to the notice that accused Nos.1 to 3 were granted bail. Accused No.4 is also granted bail by the Sessions Court in Crl.Misc.Petition No.1192/2016 dated 26.10.2016. The name of this petition has been revealed by accused Nos.1 to 3 after their arrest. The club, which is said to have been holding by this petitioner, said to have been thrown at the spot while running away, which has already been recovered by the Police under panchanama. The investigation is completed and charge sheet is filed. Hence, the presence of petitioner is not required for investigation. The offence is not exclusively punishable with death or imprisonment of life. Considering the facts and circumstances of the case, when similar overtact is alleged against accused Nos.1 to 4, who are already granted bail, petitioner is also entitled for bail.
7. Accordingly, the petition is allowed. The respondent – Police are directed to release the petitioner/accused No.5 on bail in the event of his arrest for the offence punishable under Sections 399 and 402 of IPC registered in Crime No.211/2016 (C.C.No.227/2017), subject to the following conditions:
(i) Petitioner shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety for the likesum to the satisfaction of the Investigating Officer or the concerned trial Court;
(ii) Petitioner shall not tamper with any of the prosecution witnesses directly or indirectly;
(iii) The petitioner shall not indulge in similar offences;
(iv) Petitioner shall mark his attendance before the Investigating Officer between 10.00a.m. and 5.00 p.m. once in fortnight on every 2nd and 16th of the Calendar month for a period of six months or till commencement of trial, whichever is earlier; and (v) Petitioner shall appear before the concerned Court within fifteen days from the date of his arrest and release by the Investigating Officer and to move regular bail before the Sessions Court/Committal Court, as the case my be.
Sd/-
JUDGE BSR