IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.2844/2019 Between:
1. Makri Chaman Saab, S/o Miyasaab, Aged about 55 years, Coolie, R/o S.S. Layout, Malebennuru, Harihara Taluk, Davanagere District.
2. Jaffer Banakara, S/o Chaman Saab, Aged about 30 years, Driver, R/o Behind Dyamavva Temple, Doddagubbi Village, Hirekerooru Taluk, Haveri District.
3. Shair Ali, S/o Makri Chaman Saab, Aged about 25 years, Agriculturist, R/o S.S. Layout, Malebennuru, Harihara Taluk, Davanagere District.
4. Annappa, S/o Rudrappa, Aged about 28 years, Driver by Profession, R/o Jigali Village, Harihara Taluk, Davanagere District. … Petitioners (By Sri M.R. Hiremathad, Advocate) And:
State of Karnataka by PSI, Hadadi Police Station, Davanagere District – 577 525.
Rep. by State Public Prosecutor, High Court Buildings, Bengaluru – 560 001. … Respondent (By Sri K.P. Yoganna, HCGP) ***** This Criminal Petition is filed under Section 438 of the Cr.P.C., praying to enlarge the petitioners on bail in the event of their arrest in Cr. No.149/2017 of Hadadi Police Station, Davanagere for the offence p/u/s 379 of IPC.
This Criminal Petition coming on for Orders this day, the Court, made the following:
ORDER The petitioners are seeking to be enlarged on bail in the event of their arrest in Crime No.149/2017 for the offence punishable under Section 379 of IPC.
2. The case of the prosecution is that the complaint was filed on 20.08.2017 stating that about 12 sheep belonging to informant was stolen. It is stated that after investigation ‘C’ report was filed.
3. It is the submission of learned counsel for the petitioners that petitioners had been arrested pursuant to the proceedings in Crime No.194/2018 and on the basis of alleged voluntary statement of the petitioners made in the said proceedings, the petitioners are sought to be arrayed as accused in the present proceedings. It is submitted that the proceedings have been reopened and investigation has been commenced afresh.
4. Learned counsel for the petitioners point out that the recovery of amount pursuant to the proceedings in Crime No.194/2018 is by itself illegal, as the Authorities did not have the jurisdiction to seize the amount and treat it as a recovery pertaining to the present case. It is further submitted that the petitioners are being falsely implicated in the present case and the recovery is also suspect.
5. At the present stage, it would not be appropriate to express any conclusive finding as regards the investigation made pursuant to the alleged voluntary statement in Crime No.194/2018.
6. The proof of offence in the present matter is a matter for trial. The petitioners state that the alleged criminal antecedents relied upon by the prosecution cannot be accepted, as in most of the other cases in which the petitioners have been arraigned as accused is only pursuant to the reopening of proceedings after the alleged voluntary statement is made in Crime No.194/2018.
7. Taking note of the fact that the identity of the accused as well as the proof of the offence is a matter that is to be established in trial and noting that except for the alleged recovery, there is no other incriminating factor, as the voluntary statement made in Crime No.194/2018 is a matter to be proved during trial, the petitioners are entitled to be enlarged on bail in the event of their arrest, subject to conditions.
8. In the result, the bail petition filed by the petitioners under Section 438 of Cr.P.C. is allowed and the petitioners are enlarged on bail in the event of their arrest in Crime No.149/2017 for the offence punishable under Section 379 of IPC, subject to the following conditions:-
(i) The petitioners shall appear in person before the Investigating Officer in connection with Crime No.149/2017 within 15 days from the date of release of the order and each of the petitioners shall execute personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with surety for the likesum to the satisfaction of the Investigating Officer.
(ii) The petitioners shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioners shall physically present themselves and mark their attendance before the concerned Station House Officer once in a week between 10.00 a.m. and 5.00 p.m., till filing of the final report.
(iv) The petitioners shall fully co-operate with the Investigating Officer and shall not indulge in any criminal activities of like nature.
(v) In the event of change of address, the petitioners to inform the same to the concerned SHO.
(vi) Any violation of the aforementioned conditions by the petitioners, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE VGR