IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7437/2019 BETWEEN:
1. MADAN S/O. M. R. MANOHARAN, AGED ABOUT 41 YEARS, R/AT 8/3, NORTH STREET, NILASANDRA, BANGALORE-560 047.
2 . CHINNAPPA S/O. PUNACHHA, AGED ABOUT 38 YEARS, R/AT NALKERE VILLAGE, KAKUTAPURAM POST, VIRAJAPETE TALUK, KODAGU DISTRICT, C/O. K. C. PUNACHHA, TATAGONI VILLAGE, BANGALORE-560 062.
(BY SRI: MURTHY D L, ADVOCATE) AND STATE OF KARNATAKA BY MANGALURU EAST POLICE STATION, MANGALURU, DAKSHINA KANNADA DISTRICT, ...PETITIONERS REP. BY SPP, HIGH COURT OF KARNATAKA, BANGALORE-560 001.
(BY SRI: ROHITH B.J., HCGP) ..RESPONDENT ******* THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.109/2019 OF MANGALURU EAST POLICE STATION, BENGALURU CITY FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 170, 171, 419, 120-B, 399, 402, AND 149 OF IPC AND UNDER SECTIONS 3 AND 25 OF INDIAN ARMS ACT AND UNDER SECTION 7 OF THE STATE EMBLEM OF INDIA (PROHIBITION OF IMPROPER USE) ACT 2005.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioners, the learned HCGP for the respondent - State and perused the records.
2. Petitioners are arrayed as accused Nos.3 and 4 in connection with crime No.109/2019 of Mangaluru East Police station for the offences punishable under Sections 170, 171, 419, 120-B, 399, 402 read with 149 of IPC and Sections 3 and 25 of Indian Arms Act, 1959 and Section 7 of the State Emblem of India (Prohibition of Improper Use) Act, 2005.
3. The brief allegations as could be seen from the FIR is that on 16.08.2019 at about 5.00 p.m., on the basis of credible information and direction from the higher officers, the respondent police went to Sayi Arya Lodge near Pumpwell circle along with panch witnesses and saw a vehicle with NCIB Directors’ Emblem and five persons who were in Safari Dress gathered near the said vehicle. On enquiry, they confessed that they have assembled for the purpose of committing dacoity along with some other persons, who stayed in the lodge. The respondent police went to the said lodge and arrested three more persons along with these accused persons and seized a Mahindra Car TUV, cash of Rs.24,000/-, a German made pistol, four mobile phones, H.D.Wifi Camera, NCIB Identity Card and Logo etc from the accused persons. As such, the respondent police have come to the conclusion tentatively that all the accused persons assembled by preparing themselves to commit dacoity and therefore, a case was registered against the accused persons.
4. On careful perusal of the entire materials on record, it is clear that only accused Nos.1 to 8 were found together on the date of the incident. But, as could be seen from the records, only on the basis of suspicion, the police have arrested the petitioners that they were all gathered there for the purpose of committing dacoity. Looking to the nature of allegations made above, there are no eye witnesses to the said crime except police witnesses and panch witnesses. Whether the accused persons assembled at the spot of crime by preparing themselves to commit dacoity or not, has to be proved during the course of full-dressed trial. Therefore, under the above-said facts and circumstances of the case, as accused Nos.2 and 10 have already been released on bail in Criminal Petition Nos.7213/2019 c/w 7216/2019 and also accused Nos.5, 6 and 7 have already been released on bail in Crl.P.No.7015/2019 and 7322/2019, petitioners also stand on the same footing and they are entitled to be enlarged on bail on the ground of parity. Hence, the following:
O R D E R The petition is allowed. Consequently, the petitioners-accused Nos.3 and 4 shall be released on bail in Crime No.109/2019 of Mangaluru East Police Station on the file of VI JMFC Court, Mangaluru for the alleged offences subject to the following conditions:
i. The petitioners shall execute their personal bond for a sum of Rs.1,00,000/- each (Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
ii. The petitioners shall not indulge in tampering the prosecution witnesses.
iii. The petitioners shall appear before the jurisdictional court on all the future hearing dates unless exempted by the Court for any genuine cause.
iv. The petitioners shall not leave Karnataka State without prior permission of the court below till the case registered against them is disposed of.
Sd/- JUDGE