IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.6125/2019 BETWEEN MOHAMMED KHALID S/O MOHAMMED SYED AGED ABOUT 35 YEARS R/AT NO. DASAIAHNA GUTTI VILLAGE CHIKKANGALA POST, KADUR TALUK CHIKKAMAGALUR DISTRICT – 577 548.
(BY MS. LUBNA H.S., ADVOCATE FOR ... PETITIONER SRI. DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE) AND THE STATE OF KARNATAKA BY KADUR 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.81/2019 OF KADUR POLICE STATION, CHIKAMAGALURU FOR THE OFFENCE P/U/S.457 AND 380 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 respondent-Kadur Polie have registered a case against some un-known persons in Crime No.81/2019 for the offences punishable under Sections the 457 & 380 of IPC.
3. The complainant by name Mahalaxmi, wife of Raju G. has lodged a complaint on 08.05.2019 stating that on 07.05.2019, when she went to her Matrimonial Aunt’s house, at night hours, there was a burglary in her house. When she came to the house on the next day morning, she observed that there was theft in her house and the gold articles worth Rs.2,64,000/- and cash of Rs.1,00,000/- have been taken away by the culprits from her house.
4. During the course of investigation the respondent-Police have arrested this petitioner in connection with some other case and at that time, he also disclosed about the theft in complainant’s house. Therefore, the police have arrested him and arraigned him as Accused No.1 in this case and also recovered some items from him pertaining to this case.
5. It is seen from the records that, there are no eyewitnesses to the incident and except the alleged recovery, no other material is available on record against the petitioner. Therefore, the recovery made by the police pertaining to this case has to be proved during the course of full dressed trial.
6. It is submitted that, he is in judicial custody since the date of his arrest and it appears, he is no more required for any further interrogation and investigation in connection with this case. Therefore, the petitioner is entitled to be enlarged on bail. Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioner (A1)-Mohammed Khalid, shall be released on bail in connection with Crime No.81/2019 of respondent-Kadur Police Station, Chikkamagalur, for the aforesaid offences and now pending before the Court of Principal Civil Judge (Jr.Dn.) & JMFC, Kadur, Chikkamagalur District, 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., 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