IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.6876/2017 Between:
1. Mahesh @ Mahi, S/o. Late. Krishnappa, Aged about 26 years.
2. Sri. Hanumanthu, @ Hanumantharayappa, S/o. Narayanappa, Aged about 25 years.
Both are residents of Chowluru village, Hindupur Taluk, Ananthapur District, Andhra Pradesh.
(By Smt. M.R.Shalamala, Advocate) And:
State of Karnataka By Gowribidanur Rural Police Represented by Public Prosecutor, High Court of Karnataka at Bengaluru, Bengaluru – 560 001.
(By Sri. S. Vishwamurthy, HCGP) …Petitioners …Respondent This criminal petition is filed under Section 439 of Cr.P.C Praying to enlarge the petitioner on bail in Cr.No.55/2017 of Gowribidanur Rural P.S., Chickballapura District for the offence p/u/s 395 and 411 of IPC.
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 and the learned High Court Government Pleader for the respondent-State.
2. The petitioners (Accused Nos.1 and 3 ) along with other co-accused are charge sheeted by the respondent-police in their Crime No.55/2017 registered in respect of the offences punishable under sections 395 and 411 of IPC.
3. The allegation is, the accused persons forcibly dragged the driver from his lorry, took control of the vehicle, drove the same for sometime, unloaded the steel rods and abandoned the vehicle. Accused No.6 purchased the stolen property for Rs.2,70,000/- and sold the same in retail. On his arrest, 1 ½ tones of steel rod and a cash amount of Rs.60,000/- was recovered. From present petitioner No.1/accused No.1 Tata Sumo vehicle and a cash of Rs.11,000/- and from petitioner No.2/accused No.3 motor bike and a cash amount of Rs.30,000/- are recovered. Accused No.5 is absconding. Co-accused of this case is enlarged on bail by the order of this Court in Crl.P. No.6440/2017 vide order dated 16.08.2017.
4. Having regard to the above, petition is allowed.
Petitioners are enlarged on bail in connection with Crime No.55/2017 registered by the respondent Police, subject to the following conditions:
(i) They shall execute a self bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each and one local separate surety each for the likesum;
a) The sureties shall furnish original title deeds of their property and Identity/Adhaar Card for perusal of the Court.
b) The sureties shall not have previous history of offering surety to the accused persons in criminal cases;
(ii) They shall attend the Court regularly on all hearing dates;
(iii) They shall mark their attendance on every alternate Tuesday before the SHO of the respondent police station during office hours; and (iv) They shall not indulge in illegal activities.
VBS Sd/- JUDGE