IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.8071 OF 2019 Between:
Naveen S/o Mudduveerappa Aged about 25 years R/at No.390, Hilalige Village Chandapura Anekal Taluk Bengaluru Rural District Bengaluru – 560 068 (by Shri Rajashekara, R.V., Advocate) And:
State of Karnataka By its Station House Officer Electronic City Police Bengaluru – 100 rep. by State Public Prosecutor High Court Building Bengaluru – 560 001 (by Shri Honnappa, HCGP) …Petitioner …Respondent This Criminal Petition is filed under Section 438 of the Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Cr.332 of 2016 (CC No.5002 of 2019) of Electronic City Police Station Bengaluru for the offence punishable under Sections 399, 402 of Indian Penal Code.
This Criminal Petition coming on for orders, this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. The petitioner is arraigned as accused No.8 in CC No.6229 of 2016. As the petitioner was shown as absconded, a separate split-up case has been registered in CC No.5002 of 2019 for the offences punishable under Sections 399 and 402 of the Indian Penal Code arising out of Crime No.0332/2016.
3. The facts are that on 08th June, 2016, the Electronic City police, after receiving credible information that some people have gathered near Mylasandra village Petrol Bunk, immediately went there and found some of the persons gathered there, and they intercepted them and found that they were armed with knife, chilly powder, iron chopper, etc. and the police suspected that they were gathered there for the purpose of committing dacoity. Immediately, some of the accused were arrested and at the time of interrogation they disclosed the name of this petitioner. On that basis a charge sheet has been laid against this petitioner also.
4. It is only on suspicion that the petitioner and others have gathered there for the purpose of committing dacoity and the same suspicion has to be proved during the course of full- fledged trial that, in reality, they were gathered there for the purpose of committing dacoity. In my opinion, till that point of time there should not be any pre-conviction sentence on the petitioner. Hence, the following:
O R D E R Petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.0332/2016 of Electronic City Police Station, Bengaluru for the offence punishable under Sections 399 and 402 of the Indian Penal code, on following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute his personal bond for a sum of Rs.1,00,000/- with two sureties for the like-sum to the satisfaction of the jurisdictional court.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of Bengaluru District without prior permission of the Court, till the charge sheet is filed or for a period of three months, whichever is earlier.
v) The petitioner shall mark his attendance once in a week i.e. on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge-sheet is filed, whichever is earlier.
lnn Sd/- JUDGE