IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.7266 OF 2018 BETWEEN 1. MR. NAYEEM, AGED ABOUT 19 YEARS, S/O KASIM, R/AT 3-155, GULJAR, J M ROAD KANDLUR POST KAVRADY VILLAGE, KUNDAPURA TALUK, PIN CODE NO.576 211.
2. T K MUSSAFFAR AHMED AGED ABOUT 21 YEARS S/O T K SHABBIR, R/O 2-33, KANDLUR POST, KAVRADY VILLAGE, KUNDAPURA TALUK, PIN CODE NO.576 211.
3. MR. K M FAHAD, AGED ABOUT 18 YEARS, S/O MOHAMMADE FAROOQ KHADI, R/AT NO.2/70-A, J.M.ROAD, KANDLORE POST, KAVARADI VILLAGE, KUNDAPURA TALUK, PIN CODE NO.576 211. ... PETITIONERS (BY SRI. SANDESH SHETTY T, ADV. FOR PETIONERS NO.1 & 2, PETITIONER NO.3 IS DISMISSED AS NOT PRESSED V/O/DT:18/12/18.) AND THE STATE OF KARNATAKA, KUNDAPURA RURAL POLICE STATION, REP.BY S.P.P HIGH COURT OF KARNATAKA BENGALURU - 560 001. ... RESPONDENT (BY SRI. K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.58/2018 OF KUNDAPURA RURAL POLICE STATION, UDUPI FOR THE OFFENCES P/U/S.379 AND 511 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners are accused Nos.1 to 3 in Crime No.58/2018 of Kundapura Rural Police Station. Though petitioners filed this petition seeking anticipatory bail in the said case, petitioner No.3 was arrested and was released on bail. Therefore, on the memo filed by the learned counsel for the petitioner No.3, petition was dismissed as not pressed.
2. Crime No.58/2018 was registered by Kundapura Rural Police for the offences punishable under Sections 379, 511 read with 34 of Indian Penal Code on the basis of the complaint of one Srikantha initially against four unknown persons.
3. It was alleged that during the intervening night of 5-6/08/2018 at 1.30 a.m. near petrol pump of the complainant the accused attempted to commit theft of the cattle and on complainant raising alarm they sped away in Maruthi Suzuki Ritz car.
4. As per case diary records, on the basis of some video clippings circulated amongst Police informant on whats app petitioners role was suspected in the crime. The said video clippings has already been seized. P.F.No.53/2018 states that the culprits had concealed their faces.
5. The offence is triable by the Magistrate and punishable with imprisonment up-to one and half years, as the main offences are punishable with imprisonment up-to three years. Nothing is to be recovered from petitioners 1 & 2. Under these circumstances, it is a fit case to grant anticipatory bail with suitable conditions. Therefore, petition is allowed.
The petitioners 1 & 2 are granted anticipatory bail in Crime No.58/2018 of Kundapura Rural Police Station, subject to the following conditions:
1. Petitioners shall appear before the Investigating Officer within 10 days from the date of receipt of copy of this order;
2. They shall execute personal bonds in a sum of Rs.50,000/- and furnish two sureties in the like-sum to the satisfaction of the Investigating Officer/Court for their appearance;
3. They shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/ enquiry/trial;
4. They shall not tamper the prosecution witnesses by threats, inducement or otherwise.
Sd/- JUDGE HR CT-HR