IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 4873/2019 BETWEEN SHRI. MANJUNATH, S/O PRAKASH AGED 24 YEARS, R/O. MAYASANDRA VILLAGE ATTIBELE HOBLI, ANEKAL TALUK BENGALURU DISTRICT ... PETITIONER (BY SRI. P. PRASANNA KUMAR, ADVOCATE) AND STATE OF KARNATAKA BY ATTIBELE POLICE STATION ATTIBELE CIRCLE BENGALURU DISTRICT REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDING AMBEDKAR VEEDHI BENGALURU – 560 001 …. 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.154/2019 OF ATTIBELE POLICE STATION, BENGALURU DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 394 AND 363 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner (A5) and the learned HCGP for the Respondent –State. Perused the records.
2. The petitioner is arraigned as Accused No.5 in Crime No.154/2019 for the offence punishable under Section 394 of IPC registered by Attibele Police Station, Anekal, in pursuance of the FIR lodged by the complainant-Kinkar Kumar Thakur stating that, on 14.05.2019 at about 11.45 pm. While he was walking towards Anekal near Attibele Bus Stand, at that time, when he reached near Lakshmikunte Temple in Anekal Taluk, four persons on two motor cycles came and intercepted him and threatened him at the point of knife and assaulted him on his thigh and other parts of the body and snatched his purse, ATM Card, Mobile, a gold chain and gold finger ring and took the complainant to ATM and attempted to draw money from his account, but they could not draw the money. They also removed his blood-stained shirt and gave other shirt to him to wear and thereafter they took him with them and left him near Anekal Road. Thereafter, he went to Ganga Hospital and took treatment, and thereafter lodged a complaint before the respondent-police to that effect.
3. As per the complaint averments, there is no allegation of involvement of this petitioner (A5) in the said crime. The allegations are made only against Accused Nos. 1 to 4, who have participated in snatching the articles belonging to the complainant. However, the learned HCGP submits that the alleged gold ring was recovered at the instance of Accused No.5, which was also identified by the complainant. During the course of evidence before the court, the prosecution has to establish as to how could the petitioner (A5) was in possession of the said gold ring as the same was recovered at his instance, so as to implicate him into the crime. Hence, in the facts and circumstances of the case, particularly under Section 439 of Cr.PC., the petitioner (A5), in my opinion, is entitled to be enlarged on bail. Hence, the following order:-
ORDER The Petition is allowed. Consequently, the petitioner (A5)-Manjunath shall be released on bail in connection with Crime No.154/2019 of Attibele Police Station, Bengaluru, registered against him for the offence punishable under Section 394 of IPC, now pending on the file of Addl. Civil Judge and JMFC, Anekal, 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 one surety 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