IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF OCTOBER 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6964 OF 2019 BETWEEN:
NAGARAJA N.S.
S/O.N.S.SHANKARA NARAYANA SHETTY AGED ABOUT 39 YEARS R/AT #170, 5TH MAIN ROAD 6TH CROSS ROAD PAPAREDDY PALYA ITI GANGADARAPPA LAYOUT MALLATHAHALLI NAGARABHAVI BENGALURU-560 026 …PETITIONER (BY SRI MANJUNATH M.R., ADVOCATE) AND:
THE STATE OF KARNATAKA BY MANGALORE EAST POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001 …RESPONDENT (BY SRI ROHITH B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.109/2019 OF MANGALORE EAST POLICE, MANGALORE CITY FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 170, 171, 419, 120(B), 399 AND 402 READ WITH SECTION 149 OF IPC AND SECTIONS 3 AND 25 OF THE INDIAN ARMS ACT, 1956 AND SECTION 7 OF THE STATE EMBLEM OF INDIA (PROHIBITION OF IMPROPER USE) ACT, 2005 PENDING ON THE FILE OF VI JMFC COURT, MANGALORE CITY, DAKSHINA KANNADA DISTRICT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R 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.9 in Crime No.109/2019 of Mangaluru East Police Station, Mangaluru for the offences punishable under Sections 170, 171, 419, 120B, 399 and 402 read with section 149 of IPC, Sections 3 and 25 of the Indian Arms Act and Section 7 of the State Emblem of India (Prohibition of Improper Use) Act, 2005.
3. The brief allegations as could be seen from the FIR are that on 16.08.2019 at about 5.00 pm, on the basis of credible information and direction from the higher authorities, the respondent-Police went to Sayi Arya Lodge near Pumpwell circle along with panch witnesses and saw a vehicle with NCIB Director’s Emblem and five persons who were in safari dress gathered near the said vehicle. On enquiry, they have confessed that, they have assembled for the purpose of committing dacoity along with some other persons who stayed in the lodge. The respondent-Police went to the said lodge and arrested Eight more persons apart from this Petitioner (A9) and seized a Mahindra Car TUV, cash of Rs.24,000/-, a german made pistol, four mobile phones, H.D.Wifi Camera, NCIB Identity Card and Logo etc., from the accused persons. In that contest, the respondent-Police have come to the conclusion tentatively that all the accused persons had assembled by preparing themselves to commit dacoity. Therefore, they registered the said case against the accused persons.
4. On careful perusal of the entire materials on record it is clear that, only accused Nos.1 to 8 were found together on the date of incident. Subsequently, on the basis of information given by one of the accused persons, the name of this petitioner (A9) appears to have been incorporated.
4. It is submitted that, accused Nos.10 and 2 have already been released on bail by this Court in Crl.P.Nos.7213/2019 and 7216/2019 respectively vide order dated 10.10.2019. Therefore the petitioner is also entitled to be enlarged on bail on the ground of parity. Hence, the following:
O R D E R The petition is allowed. Consequently, the petitioner/ accused No.9 shall be released on bail in connection with Cr.No.109/2019 of Mangaluru East Police Station, Mangaluru for the alleged offences, now pending on the file of VI JMFC Court, Mangaluru City, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of R.1,00,000/- each (One Lakh only) with two sureties for the like- sum to the satisfaction of the jurisdictional Court;
(ii) The petitioner shall not indulge in tampering the prosecution witnesses;
(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the Court for any genuine cause;
(iv) The petitioner shall not leave the Karnataka State without prior permission of the Court till the case registered against him is disposed of.
(v) The petitioner shall mark his attendance once in fifteen days i.e., on any Sunday between 10.00 am and 5.00 pm., before the Investigating Officer till the charge sheet is filed.
Sd/- JUDGE LB