IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.6987/2017 BETWEEN:
NARASIMHARAJU @ BASAVARAJU @ RAJU AGED ABOUT 38 YEARS S/O KAMENALLAPPA RESIDING AT VADISALAMMA GRAMA DEVATHE GUDI RASTHE AARUDI VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT – 561 203. …PETITIONER (BY SRI PRAVEEN C., ADV.) AND:
THE STATE OF KARNATAKA BY PSI PUTTUR RURAL PUTTUR RURAL POLICE STATION D.K. PUTTUR D.K. MANGALORE – 574 201 REP. BY HIGH COURT PP 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 PETITIONER ON BAIL IN CR.NO.105/2016 OF PUTTUR RURAL POLICE STATION, D.K. DISTRICT FOR THE OFFENCES P/U/S 457, 380 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner along with four others is charge sheeted by the respondent/Police in respect of the offence under Section 457 and 380 of the Indian Penal Code.
2. The allegation is, the accused persons on the night of 9.5.2016 broke open the door of the temple and stolen silver articles and cash amount from the donation box. The fifth accused disposed of the stolen articles to CW-22, in turn, he melted the silver articles.
3. Learned Counsel for the petitioner submits, except a mobile phone, no other incriminating material is seized from his possession.
4. Learned Government Pleader while opposing the petition submits that the petitioner is a habitual offender involved in similar nine cases registered by Karkala Town Police, Karkala Rural Police, Hiriyadka Police, Puttur Rural Police, Belthangady Police, Mangalore Police and Moodabidri Police.
5. However, considering the fact that no incriminating material connecting this petitioner to the present case is seized at his instance and he is said to be on bail in all the pending cases, the petition is allowed. The Petitioner is enlarged on bail in Crime No.105/2016 registered by the respondent/Police, subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.1,00,000/- with one local surety for the likesum to the satisfaction of the concerned Court.
The surety shall not have antecedent of offering surety in criminal cases.
The surety shall furnish to the Court the original title deed of his immovable property and his Identity Card/Aadhaar Card for perusal.
(ii) He shall attend the Court regularly;
(iii) He shall mark his attendance every alternate Wednesday before the S.H.O. of the respondent/Police, till disposal of the case.
KNM/-
Sd/- JUDGE