IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20th DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.5646/2018 BETWEEN :
Naveen @ Ningulli @ Ningaraju S/o Boraiah S., Aged about 27 years R/at Kemparayanadoddi Kalludevanahalli Post, Madabalu Hobli, Magadi Taluk Ramanagara District-562 120 (By Sri Srinivasa M.G., Advocate) AND :
State by Kunigal Police Station Tumakuru-572 130 Represented by State Public Prosecutor High Court of Karnataka Bengaluru-560 001.
(By Smt. Namitha Mahesh B.G., HCGP) … Petitioner … Respondent This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in Crime No.426/2017 (S.C.No.31/2018) of Kunigal Police Station, Tumakuru District, for the offence punishable under Section 395 of Indian Penal Code.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by accused No.2 under Section 439 of Cr.P.C. praying to release him on bail in Crime No.426/2017 of Kunigal Police Station for the offence punishable under Section 395 of IPC.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. Brief facts of the case of the prosecution is that one Venkatesh lodged the complaint alleging that he is working with Sukirk Marketing as wholesale dealer. On 10.8.2017, he left by his Tata Ace goods vehicle bearing No.KA.06-C-4671 with load of cigarette packs and other ITC food products from Kunigal towards Yediyur for the purpose of selling the same in local shops. At about 7.25 p.m., when he reached in front of Ranganathaswamy Temple Road, a car came and obstructed him. Three persons got down from the said car and two of them were holding weapons. One person armed with chopper came towards him and threatened him. They robbed the sale proceeds of about Rs.1,10,000/- to Rs.1,20,000/- and other documents kept in bag. On the basis of the complaint, a case has been registered.
4. It is submitted by the learned counsel for the petitioner that petitioner is not involved in the alleged crime. Already charge sheet has been filed. The complaint has been registered against unknown persons. He further submitted that the petitioner is not having any bad antecedents. All allegations alleged in the complaint are vague and the petitioner was not holding any deadly weapons. On these grounds, he prayed to allow the petition by granting bail to the petitioner.
5. Per contra, the learned HCGP vehemently argued and submitted that offence alleged against the petitioner is punishable under Section 395 of IPC which is a serious offence and as per the case of the prosecution there is recovery of an amount of Rs.18,000/- and one mobile at the instance of accused No.5. She further submitted that the petitioner is involved in one more case punishable under Section 376 of IPC and Sections 5 and 6 of POCSO Act. If the petitioner is enlarged on bail, he may again indulge in similar type of offences. On these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
7. No doubt it is the case of the prosecution that during the course of investigation the petitioner was apprehended and from accused No.5 an amount of Rs.18,000/- has been recovered along with a mobile phone. Already investigation has been completed and charge sheet has been filed. Even the records show that this Court in Criminal Petition No.7516/2017, disposed of on 30.11.2017, under the similar facts and circumstances, has released accused No.5 on bail. On the ground of parity, the petitioner herein is also entitled to be released on bail. The alleged offence is not exclusively punishable with death or imprisonment for life.
In that light, the petition is allowed and accused No.2-petitioner herein is enlarged on bail in Crime No.426/2017 of Kunigal Police Station for the offence punishable under Section 395 of IPC, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two lakhs only) with two sureties for the like sum to the satisfaction of the trial Court.
ii) He shall not tamper with the prosecution evidence in any manner.
iii) He shall appear before the trial Court regularly.
iv) He shall mark his attendance once in a month on every 1st before the jurisdictional police between 10.00 a.m. and 5.00 p.m.
v) He shall not indulge in similar type of criminal activities during the pendency of the trial. If he is indulged in similar type of criminal activities, the trial Court is at liberty to cancel the bail.
Sd/- JUDGE *ck/-