IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER 2017 BEFORE THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.5956/2017 BETWEEN:
1. Murthy @ Pintu S/o Devappa Aged about 30 years R/at No.25, 4th Cross Eshwar Nagar Kadirenahalli Bangalore-560 070.
2. Prabha @ Prabhu S/o Venkataramanappa Aged about 23 years R/at No.85, 1st Cross 1st Main, Hari Colony Sarbandepalya Bangalore-560 070.
3. Nanjunda V S/o Venkataramanappa Aged about 27 years R/at No.6, 10th Block B K Nagar, Metipalya Nelamangala Road Thavarekere Magadi Road Bangalore-560 078. ..PETITIONERS (By Sri T Shivappa, Adv.) AND:
State of Karnataka By SHO, Dharmasthala Police Station Belthangadi, D.K.
Represented by the Government Pleader High Court Building Bengaluru-560 001. .. RESPONDENT (By Sri Chetan Desai, HCGP) This criminal petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.65/2017 of Dharmasthala P.S., Dakshina Kannada for the offence punishable under Section 397 of IPC.
This petition coming on for Orders this day, the Court made the following :
ORDER This petition is filed by the petitioners-accused Nos.3,4 and 6 under Section 439 of Cr.P.C. seeking their release on bail of the offence punishable under Section 397 of IPC registered in respondent Police Station Crime No.65/2017.
2. Brief facts of the prosecution case are that on 08.04.2017, the complainant alleged to have left Tondebavi of Gowribidanoor by taking cement in Eicher Lorry bearing No.KA-40-A-2076 to go to Udupi. At 10.15 P.M. in Rekya Village of Enjira of Belthangady Taluk, he parked the lorry for attending the first nature call. While he climbed the lorry, at the time, five persons came in a car and put the car in front of the lorry. Two persons climbed the lorry from right cabin and three persons from left and robbed the amount Rs.17,000/-, ATM Card and mobile. They further beaten him and went away. On the basis of the said complaint, the case was registered by the respondent police initially against the unknown persons. During the course of investigation, the present petitioners were arrayed as accused Nos.3, 4 and 6.
3. I have heard the learned Counsel appearing for the petitioners-accused Nos.3, 4 and 6 and the learned High Court Government Pleader appearing for the respondent-State.
4. Learned Counsel appearing for the petitioners, during the course of the arguments, submitted that no recovery is effected from the petitioners. So far as the material said to have been collected is only against accused Nos.1 and 2. Learned Counsel submitted that since 7½ months, the petitioners herein are in custody. Investigation is completed and charge sheet is also filed. Hence, he submitted to allow the petition.
5. Per contra, learned High Court Government Pleader appearing for the respondent-State, during the course of the arguments, submitted that the petitioners are the habitual offenders involved in many of such cases and if they are released on bail, they may involve in committing the similar offences. Hence, he submitted to reject the bail petition.
6. I have perused the averments made in the bail petition, FIR, complaint, the copies of remand application, charge sheet and the other materials on record.
7. Looking to the materials said to have been collected during investigation, so far as the petitioners are concerned, no recovery is effected from them. The petitioners have denied the allegations contending that they are innocent and there is false implication of their names in the complaint. They have undertaken that they are ready to abide by any condition that may be imposed by this Court. Investigation of the case is completed and the charge sheet has been filed. As submitted, since 7½ months, the petitioners are in the custody.
8. Therefore, the petition is allowed. The petitioners are ordered to be released on bail of the offences punishable under Section 397 of IPC registered in respondent police station Crime No.65/2017, subject to following conditions:-
I. Each petitioner shall execute bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) and shall offer one solvent surety for the like sum to the satisfaction of concerned Court.
II. The petitioners shall not intimidate or tamper with prosecution witnesses, directly or indirectly.
III. The petitioners shall regularly attend the Court.
Sd/- JUDGE Cs/-