IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.1452 OF 2017 BETWEEN:
1. Nasrulla @ Naasur S/o Late Noorulla Aged 25 years R/at No.24, HBR Extension Nagawara Main Road 11th Cross, Bengaluru – 560 044 2. Ezaz S/o Rafiq Aged 24 years No.2, 4th Cross Shampura, Bengaluru – 560 044 (By Sri. Manjunath B.R., Advocate) AND State of Karnataka By Bidadi Police Station Represented by State Public Prosecutor High Court of Karnataka Bengaluru – 560 001 (By Sri. S. Vishwamurthy, HCGP) ... PETITIONERS ... RESPONDENT This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime NO.162/2016 of Bidadi Police Station, Ramanagara, for the offence p/u/s 395 of IPC.
This Criminal Petition coming on for Orders this day, the court made the following:
ORDER Heard Sri. Manjunath, B.R., learned counsel for the petitioners and Sri. Vishwamurthy, learned HCGP for the respondent – State.
2. The petitioners (Accused Nos. 2 and 3) are charge sheeted along with the co-accused by the respondent police in respect of offence punishable under Section 395 of IPC in their Crime No.162/2016.
3. The allegation is that on the night of 05.04.2016, five accused persons waylaid the complainant’s vehicle, put threat to the inmates of the vehicle extorted his mobile phone, cash, an amount of Rs.8,000/- and cigarette bundles totally valuing about Rs. Eighty Lakhs.
4. These petitioners were arrested on 11.06.2016.
The entire stolen property is seized from the accused persons. Charge sheet having been filed, having regard to the nature of the allegation, there is no impediment to allow the petition. Petition is allowed. Petitioners are enlarged on bail in Crime No. 262/2016 registered by the respondent - police, subject to the following conditions:
(i) They shall furnish a self bond for a sum of Rs.50,000/- (Fifty Thousand Rupees only) each with one local surety each for the likesum to the satisfaction of the concerned court;
(ii) They shall not threaten or prevail the prosecution witnesses;
(iii) They shall attend the court regularly and punctually on all hearing dates.
Sd/- JUDGE Bsv