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 CRL.P. NO. 4756/2019 BETWEEN MAHESH @ DABBA S/O. GOVINDA RAJU AGED 21 YEARS R/O. HANUMANTHAPURA BELAGUMBA ROAD TUMKUR CITY TUMKUR-572 103 ... PETITIONER (BY SRI. N. SURESHA, ADVOCATE) AND STATE BY NEW EXTENSION POLICE STATION, TUMKUR-572 103 REP. BY S.P.P HIGH COURT BUILDING BENGALURU …. 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.3/2019 OF NEW EXTENSION P.S., TUMKURU DISTRICT FOR THE OFFENCE P/U/Ss. 399 & 402 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner (A4) and the learned HCGP for the Respondent –State. Perused the records.
2. The respondent-Police have laid the charge sheet against as many as six accused persons in connection with Crime No.3/2019 for the offence punishable under Sections 399 and 402 of IPC, which is now pending on the file of the Additional Civil Judge (Sr.Dn.) and CJM, Tumkur and in the said case, the present petitioner is arraigned as Accused No.4.
3. The allegations made against the petitioner (A4) and co-accused in brief are that, on receipt of credible information on 09.01.2019 at about 5.00 p.m., the respondent-police went to National Highway No.4 situated at Bharathi Nagar in Tumakuru within the jurisdiction of New Extension Police Station and found six accused persons were standing there holding deadly weapons in their hands. Suspecting that, they were gathered there for the purpose of committing dacoity, the police have attacked them and arrested some persons including the petitioner. Since the date of his arrest, the petitioner has been in judicial custody.
4. Looking to the above said facts and circumstances, it is only on suspicion the police have nabbed the accused persons in connection with the said case. Therefore, during the course of trial, it has to be established that, the accused persons were gathered in the said place only for the purpose of committing dacoity. Otherwise, even preparation for committing any other offences is not established. It is further submitted that, the petitioner is not having any previous bad antecedents. Therefore, the petitioner is entitled to be enlarged on bail. Accordingly, I pass the following:-
ORDER The Petition is allowed. Consequently, the petitioner (A4) shall be released on bail in connection with Crime No.3/2019 of New Extension Police Station registered against him for the offence punishable under Sections 399 and 402 of IPC, now pending on the file of Addl. City Civil (Sr.Dn.) CJM, Tumkuru, 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 solvent sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not tamper the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all 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, till the case registered against him is disposed of.
KGR* Sd/-
JUDGE