IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.7859/2019 BETWEEN MANI S S/O SAMPANGI AGED ABOUT 32 YEARS R/AT #46 CHHATHRAKHANE CIRCLE ANEKAL TALUK BENGALURU URBAN PIN – 560 006 ... PETITIONER (BY SRI. RANGANATH REDDY R., ADVOCATE) AND STATE BY THE STATION HOUSE OFFICER ELECTRONIC CITY POLICE STATION BENGALURU CITY – 560 001 REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B.J, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.332/2016 OF ELECTRONIC CITY POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 399 AND 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 and the learned HCGP for the Respondent –State. Perused the records.
2. The petitioner is arraigned as Accused No.9 in Crime No. 332/2016 of Electronic City Police Station, Bengaluru City (CC No.1000/2018), for the offences punishable under Sections 399 and 402 of IPC, which is now pending before the Court of VIII Addl. District and Sessions Judge, Bengaluru Rural District.
3. The brief facts of the case are that, on 08.06.2016, the respondent-police have received a credible information that, some persons have gathered near the Petrol Bunk at Mylesandra Gate, Bengaluru. Immediately the said police went to the spot and found some persons standing there with deadly weapons like Chopper, Knife, Clubs, Chilli-powder etc. for the purpose of robbing the public, who pass across that place. By seeing the police the accused persons tried to escape from that place. However, out of some persons, the police caught hold two persons and arrested them and in the presence of panch witnesses seized one chopper and chilli-powder packets. After the investigation, the police submitted the charge sheet.
4. It is noticed from the complaint averments that, on the basis of the credible information and on suspicion, the police have arrested the petitioner and others, who had gathered in the said place. At present it is not forthcoming from the records that, the accused persons are gathered in the said spot only for the purpose of committing dacoity. Therefore, the said aspect has to be proved beyond reasonable doubt by the prosecution during the course of full-dressed trial.
5. It is submitted by the learned counsel for the petitioner that, in the charge sheet the petitioner’s name is shown as S. Mani, but his father’s name and address is not shown. The learned counsel for the petitioner also submitted that, charge sheet has already been filed. Therefore, in my opinion, the petitioner is entitled to be enlarged on Anticipatory Bail. Hence, the following:-
ORDER The petition is allowed. Consequently, the petitioner (A9)-S. Mani shall be released on bail in the event of his arrest in connection with Crime No.332/2016 of respondent-Electronic City Police Station, Bengaluru City, Bengaluru registered for the alleged offences, subject to the following conditions:-
i) The petitioner shall surrender himself before the Jurisdictional Court within Ten days from the date of receipt of a certified copy of this order and he shall execute a 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 indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of Bengaluru District without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
KGR* Sd/-
JUDGE