IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 7079/2019 BETWEEN MURGESH @ MURUGA S/O. VENKATESHAPPA AGED 33 YEARS R/O. DOOR NO. 114/4 JEEVA NAGARA DENKANDAKOTE TALUK KRISHNAGIRI DISTRICT TAMILNADU STATE ... PETITIONER (BY SRI. MANJULA. D, ADVOCATE) AND THE STATE OF KARNATAKA BY TUMKURU RURAL POLICE TUMKURU – 573 201 REP. BY PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 … RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.211/2017 OF TUMKURU RURAL POLICE STATION, TUMAKURU FOR THE OFFENCE P/U/S 397 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. Petitioner is arraigned as Accused No.5 in Crime No.211/2017 of Tumakuru Rural Police Station, for the offence punishable under Section 397 of IPC, which culminated in to CC No.1467/2018 and now pending on the file of I Addl. Civil Judge (Jr.Dn.) and JMFC Court, Tumakuru.
3. The allegations as per the charge sheet are that, on the intervening night of 17/18.09.2017 at about 3.30 to 4.15am about 6 to 8 persons aged about 25 to 35 years, with an intention to rob the complainant-C. Roopesh, came in TATA Sumo vehicle and entered the house of the complainant situated at Arkere Madhugiri- Tumakuru Road, Balaji Enclave No.53, 2nd Cross, Tumakuru. It is stated that the accused persons were wearing monkey caps and they wielded the deadly weapons and threatened the complainant and his family members and robbed one Nikon Camera worth, Rs.25,000/- cash, one gold ring of 10 gms. Worth Rs.25,000/-, Rs.2,20,000/- worth gold Mangalya Chain and other valuable articles etc.
4. It is submitted that the investigation is completed and the petitioner is no more required for any further investigation. The records also disclose that Accused Nos.1 and 7 were already released on bail by this Court on the same allegations in Crl. P. No.4596/2015 vide order dated 10.07.2018 and Accused No.9 was also released in Crl.P. No.3246/2018 vide order dated 04.06.2018. This petitioner also stands on the same footing as that of other accused persons, who were already released on bail. Therefore, this petitioner is also entitled to be enlarged on bail. Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioner (A5)-Murgesh @ Muruga shall be released on bail in connection with Crime No.211/2017 of Tumakuru Rural Police Station, for the offence punishable under Section 397 of IPC, now pending before the Court of I Addl. Civil Judge (Jr.Dn.) and JMFC, Tumkuru, 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 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.
Sd/-
JUDGE KGR*