IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.5063/2019 BETWEEN:
Madan Tamrakar @ Madan, Aged about 31 years, S/o Late Amar Singh, R/at Devra Village and Post, Jone Sethi Taluk, Bajang District, Nepal – 10500.
Presently residing at:
C/o Kattiyamma Kuteera, No.52, R.B.I. Colony, Ananda Nagar, R.T. Nagar, Bengaluru – 560 032. … Petitioner (By Sri Chandrahasa Rai B., Advocate) AND:
The State of Karnataka, By R.T. Nagar Police Station, Bengaluru, Rept. By State Public Prosecutor, High Court Building, Bengaluru – 560 001. … Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr. No.01/2019 (S.C. No.756/2019) registered by R.T. Nagar Police Station, Bengaluru for the offences p/u/s 120 (B), 395, 397 and 381 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the State. Perused the records.
2. The police have laid charge sheet against the petitioner and others in S.C.No.756/2019.
3. The allegations are that accused Nos. 1 and 2 were not physically participated in the commission of offence. It is alleged that accused Nos.1, 2 and 9 conspired with other accused Nos. 3, 4, 5, 6, 7 and 8 and in fact on the date of incident on 01.01.2019, the other accused persons i.e., accused Nos. 3, 6, 7, 8 and 9 have entered into the house of C.W.1 and have committed robbery of gold articles and other articles worth Rs.6,50,000/- and accused Nos. 3, 4 and 5 also assisted the other accused and ran away from the spot.
4. During the course of investigation, nothing has been recovered from this petitioner who is arrayed as accused No.1. It is particularly stated that accused Nos.
1 and 2 were only the conspirators along with other accused persons. Conspiracy between accused No.1 and other accused persons has to be established during the course of full-dressed trial. As rightly contended and as may be seen from the charge sheet papers, accused No.1 – present petitioner has not physically participated in the commission of offence.
5. Under the above said circumstances, it appears that on suspicion, the accused No. 1 has been arrested. Considering the nature of allegations and the facts of the case, petitioner has made out a case for grant of bail.
6. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with S.C. No.756/2019 on the file of the LXVII Additional City Civil and Sessions Judge at Bengaluru, registered for the offences punishable under Sections 120(B), 395, 397 and 381 of IPC, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
Sd/- JUDGE VP