IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MAY, 2019 BEFORE THE HON’BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY CRIMINAL PETITION NO.2295 OF 2019 BETWEEN:
1. MR. NAGESH S/O. PARAMESH @ BOREGOWDA AGED ABOUT 30 YEARS R/AT. CHATTAMGERE VILLAGE SEELANERE HOBLI K.R.PET TALUK MANDYA DISTRICT – 571 426 2. MR. NANDEESH @ LINGARAJU D.S. S/O. SWAMYGOWDA AGED ABOUT 35 YEARS R/AT. CHATTAMGERE VILLAGE (DASEGOWDANAKOPPALU) SEELANERE HOBLI K.R.PET TALUK MANDYA DISTRICT – 571 426 3. MR. MANJU @ MANJESHA S/O. CHIKKEGOWDA AGED ABOUT 29 YEARS R/AT. CHATTAMGERE VILLAGE (DASEGOWDANAKOPPALU) SEELANERE HOBLI K.R.PET TALUK MANDYA DISTRICT – 571 426 4. MR. PRADEEPA @ PRATEEPA S/O. KRISHNEGOWDA AGED ABOUT 30 YEARS R/AT. CHATTAMGERE VILLAGE (DASEGOWDANAKOPPALU) SEELANERE HOBLI K.R.PET TALUK MANDYA DISTRICT – 571 426 (BY SRI SHANKAR M.K., ADVOCATE FOR SRI LAKSHMIKANTH ARYA M. ADVOCATE) AND:
THE STATE OF KARNATAKA SUB-INSPECTOR OF POLICE K.R.PET TOWN POLICE STATION MANDYA – 571 426 REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU (BY SRI DIVAKAR MADDUR, HCGP) ...PETITIONERS ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.52/2019 OF K.R.PET TOWN P.S., MANDYA DISTRICT FOR THE OFFENCE P/U/S 384, 323, 506 R/W 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY THE COURT MADE THE FOLLOWING:
ORDER Heard both sides on the petition filed by the petitioners under Section 438 of Cr.P.C., seeking to enlarge them on anticipatory bail in Crime No.52/2019 of respondent-police station for the offences punishable under Sections 384, 506 and 323 read with Section 34 of IPC.
2. The summary of the case of the prosecution is that the petitioners in the intervening night of 03.03.2019 and 04.03.2019 entered TJ petrol bunk and in the guise of filling their vehicle with the fuel initiated quarrel and snatched a cash of Rs.20,000/- which was with the Cashier of the petrol bunk and they also assaulted the attendants in the petrol bunk.
3. Learned counsel for the petitioners submits that the complainant of the case being the friend of the petitioners has on personal grudge and rivalry filed false complaint against the petitioners.
4. Per contra, learned High Court Government Pleader submits that a bare reading of FIR makes out a prima facie case against the petitioners as such, the accused do not deserve to be allowed on bail.
5. A reading of the FIR and a perusal of the material produced before this Court go to show that the allegation of robbing some cash amount is alleged against the petitioners. The contention of learned counsel for the petitioners that the alleged FIR is a false complaint due to previous enmity between the petitioners and the complainant also cannot be ignored at this stage.
6. Moreover, learned High Court Government Pleader appearing for the respondent could not able to convince this Court that for the purpose of meaningful investigation, the apprehension of petitioners/accused is required.
7. Considering the nature of offences and alleged facts shown in the complaint, I am of the view that by imposing reasonable conditions, the petitioners deserve to be enlarged on bail. Accordingly, I proceed to pass the following:
ORDER The petition is allowed.
In the event the petitioners are arrested by K.R.Pet Town Police in Crime No.52/2019 for the offences punishable under Sections 384, 506 and 323 read with Section 34 of IPC, they shall be enlarged on the relief of anticipatory bail subject to the conditions that:
i) The petitioners shall execute a personal bond for a sum of `30,000/- (Rupees Thirty Thousand only) each with two sureties for the likesum to the satisfaction of the enlarging authority. No single surety can extend his suretyship for more than two petitioners/accused.
ii) The petitioners shall appear before the Investigating Officer on every 1st and 3rd Thursday of the month, between 9.00 a.m. and 1.00 p.m. and mark their attendance till the investigation is completed and final report is filed.
iii) The petitioners shall not hamper and tamper the prosecution witnesses in any manner.
iv) The petitioners shall voluntarily surrender before the jurisdictional Magistrate Court within three weeks from today.
SD/- JUDGE HJ