IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.9113/2017 BETWEEN:
1. Nagaraju S/o Gopal Aged about 21 years R/at Thotavira Jananga Printing Press, 4th Main Road Nice Maruthi School Vrushabhavathinagara Kamakshipalya Bangalore-560 079.
2. Punith S/o Lakshmi Narasappa Aged about 21 years R/at 4th Main Road Nice Maruthi School Vrushabhavathinagara Kamakshipalya Bangalore-560 079. ... PETITIONERS (By Sri M V Raghu, Adv. for Sri Ravanappa V, Adv.) AND:
State of Karnataka By SHO, Kumbalgodu Police Station Bangalore Rural District Represented by the Government Pleader High Court Building Bangalore-560 001. ...RESPONDENT (By Sri Chetan Desai, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail in Cr.No.265/2017 of Kumbalagudu P.S., Ramanagara District, for the offences P/U/Ss 399 and 402 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER This petition is filed by the petitioners/accused Nos.1 & 2 under Section 439 of Cr.P.C. seeking their release on bail for the offences punishable under Sections 399 and 402 of IPC registered in respondent – police station Crime No.265/2017.
2. Brief facts of the prosecution case as per the complaint averments are, the complainant received credible information that at about 1.00 a.m. on 26.10.2017, 4-5 persons unlawfully assembled at Bhimanakuppe cross situated within the limits of respondent police station, equipped with deadly weapons and were planning for dacoity and to loot the public who were coming on the said road and on the said information, the complainant with his staff conducted raid and apprehended the accused persons. On the basis of the said complaint, case was registered for the alleged offences.
3. Heard the arguments of the learned counsel appearing for the petitioners/accused Nos.1 and 2 and also the learned High Court Government Pleader appearing for the respondent-State.
4. The allegations made in the complaint have been denied by the petitioners contending that there is a false implication. They are ready to abide by any conditions to be imposed by this Court. The alleged offences under Sections 399 and 402 of IPC are not exclusively punishable with death or imprisonment for life. The weapons alleged to have been possessed by the petitioners are already seized by the respondent-police. Therefore, at present, nothing further is to be seized from their possession. Petitioners are in custody from the date of their arrest. In view of these materials, by imposing reasonable conditions, they may be admitted to regular bail.
6. Accordingly, petition is allowed.
Petitioners/accused Nos.1 and 2 are ordered to be released on bail for the offences punishable under Sections 399 and 402 of IPC registered in respondent – police station Crime No.265/2017, subject to the following conditions:
i. Petitioners shall execute a personal bond for a sum of Rs.50,000/- each and furnish one surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioners shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioners shall appear before the concerned Court regularly.
Sd/- JUDGE bkp