IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N. PHANEENDRA CRL.P. NO.8504/2019 BETWEEN:
MANJUNATHA @ JAKSON S/O. CHANNEGOWDA AGED 22 YEARS R/AT. CHAMUNDESHWARI BEEDI HALE GUTTALU MANDYA – 571 401 … PETITIONER (BY SRI. NAVEEN G.R, ADVOCATE) AND:
STATE OF KARNATAKA BY MANDYA EAST POLICE STATION 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 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.127/2019 OF MANDYA EAST POLICE STATION, MANDYA FOR THE OFFENCE PUNISHABLE UNDER SECTION 399 & 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.2 in Crime No.127/2019 of Mandya East Police Station, Mandya District, for the offence punishable under Sections 399 and 422 of IPC, now pending before the Court of II Addl. Civil Judge and JMFC Court, Mandya District.
3. The brief facts of the case are that, on 21.11.2019, the respondent –police have received a credible information that, about 8 to 9 persons were gathered near a road behind Arkeshwara Temple, Arkeshwaranagara, in Mandya City for the purpose of committing dacoity. Immediately, the said police went there and caught hold the petitioner (A2) and other accused persons and recovered some weapons, chilly powder etc., The police have also seized motor cycle and other vehicles on suspicion that they were all gathered at the spot for the purpose of committing dacoity.
4. The record reveals that, except the police officials, no other eyewitnesses are available. Further added to that, the police have caught hold the petitioner (A2) and others only on suspicion that, they have gathered at the spot for the purpose of committing dacoity and the said suspicion has to be proved beyond reasonable doubt during the course of full-dressed trial in order to attract the provisions of 399 and 402 of IPC.
5. Learned counsel for the petitioner (A2) submitted that, the petitioner has already been arrested and he has been interrogated and he has been in judicial custody. Therefore, in my opinion, he is no more required for any further interrogation. In the facts and circumstances of the case, the petitioner is entitled to be enlarged on bail. Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioner (A2) shall be released on bail in connection with Crime No.127/2019 of Respondent-Mandya East Police Station, Mandya District, for the aforesaid offences, now pending before the court of II Addl. Civil Judge and JMFC, Mandya, 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 two solvent sureties 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.
v) The petitioner shall mark his attendance once in a week ie., on every Sunday between 10.00 am and 5.00 p.m., till filing of the charge sheet or for a period of two months, whichever is earlier.
KGR* Sd/- JUDGE