IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.7363/2017 BETWEEN:
1. Manikandan Periyasamy @ Mani S/o Periyasamy Aged about 31 years R/at No.3/54 Pacha Gounder Street Tirumalagiri Salem Taluk and District Tamilnadu-636 307.
2. Thirunavukarasu Subrayan S/o Subrayan Aged about 28 years R/at No.111-1/75 Valluvar Street, Thirumalagiri Salem Taluk and District Tamilnadu-636 307. …PETITIONERS (By Smt Bhageerathi L, Adv.) AND:
State by Hiriyur Rural Police Station Represented by the Public Prosecutor High Court of Karnataka Bangalore-560 001. ...RESPONDENT (By Sri K Nageshwarappa, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioners on bail in Cr.No.295/2017 of Hiriyur Rural P.S., Chitradurga, for the offence P/U/S 397 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER This petition is filed by the petitioners/accused Nos.1 and 2 under Section 439 of Cr.P.C. seeking their release on bail for the offence punishable under Section 397 of IPC registered in respondent – police station Crime No.295/2017.
2. Heard the arguments of the learned counsel appearing for the petitioners/accused Nos.1 and 2 and also the learned High Court Government Pleader appearing for the respondent-State.
3. Learned counsel for the petitioners during the course of his arguments submitted that in the complaint averments there is no mention regarding the facial features of petitioners. FIR was registered against unknown persons. Looking to the complaint averments and other prosecution material, there is no prima facie case as against the petitioners about their involvement in committing the alleged offences. Accordingly, submitted to allow the petition and to release the petitioners-accused Nos.1 and 2.
4. Per contra, learned High Court Government Pleader during the course of his arguments submitted that investigation is going on. About 13.5 kgs of silver ornaments were recovered at the instance of the petitioners. The investigating Officer has to recover remaining silver ornaments. Hence, at this stage, petitioners are not entitled to be released on bail.
5. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record.
6. One Ashok Shivaji Gidde is the complainant in this case. He has stated in the complaint that on 15.7.2017 during night the complainant along with one of his friend and driver of the car were carrying silver ornaments weighing 41 kgs worth Rs.8,65,628/- in a car. When they came to Tumkur jurisdiction they stopped the car near a dhaba to have tea. Thereafter, when they were proceeding near Adivala village of Hiriyur taluk on 16.7.2017 in the early morning at 4.30 a.m. one Maruti Swift car overtook the complainant’s car and thereafter, they snatched the silver articles by assaulting the complainant and others. On the basis of such complaint, case was registered initially against unknown persons and during the course of investigation, present petitioners have been arrayed as accused Nos.1 and 2.
7. As submitted by the learned Government Pleader, investigation is still going on and till now 13.5 kgs of silver ornaments are recovered and the remaining silver articles are yet to be recovered. In view of the allegations made in the complaint which are serious in nature, the Investigating Officer has to complete the investigation and file the final report. Therefore, at this stage, without commenting anything on the case of the petitioners, petition is disposed of, with liberty to the petitioners to file the bail application before the concerned Court, immediately after completion of investigation and filing the final report.
Sd/- JUDGE bkp