IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.7048 OF 2018 BETWEEN:
NINGARAJU S/O NAGARAJU AGED ABOUT 28 YEARS R/AT CHURCH MAIN ROAD GAYATHRIPURA MYSURU – 577 102.
(BY SRI.LETHIF B., ADVOCATE) AND:
THE STATE OF KARNATAKA BY DEVARAJA POLICE STATION MYSURU DISTRICT REP. BY SPP, HIGH COURT BUILDING BANGALORE – 560 001.
(BY SMT.NAMITHA MAHESH B.G., HCGP) ...PETITIONER ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.182/2011 OF DEVARAJA POLICE STATION, MYSURU CITY FOR THE OFFENCES P/U/S 397 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is accused No.2 in Crime No.182/2011 of Devaraja Police Station, Mysuru. Petitioner and two others were charge-sheeted in the said case for the offence punishable under Section 397 of IPC.
2. It is alleged that on 06.08.2011 at 8.30. p.m. near Nursery Gate of A.V.Road, Mysuru, petitioner and other accused robbed CW-1 of Rs.1,000/-. It is alleged that when he resisted, accused No.3 stabbed on left chest of CW-1 with knife and all of them sped away.
3. Petitioner and other accused were arrested initially in Crime Nos.205 and 206 of 2011 of Nazarbad Police Station. On the basis of voluntary statement allegedly given by the accused in the said case, they were connected to this case.
4. As per prosecution, the subject matter of this case viz., the robbed money and knife were recovered. Regarding Crime Nos.205 and 206 of 2011, accused were tried in S.C.Nos.290/2012 and 89/2012 by the Principal District and Sessions Judge, Mysuru and were acquitted.
5. While filing the charge sheet in the case on hand, the petitioner was shown to be in judicial custody in Crime Nos.205 and 206 of 2011. After acquittal of the accused in S.C.Nos.290/2012 and 89/2012, non-bailable warrants were issued against the petitioner to secure his presence. Learned Sessions Judge rejected the anticipatory bail application on the ground that the charge sheet is filed and apprehension of the petitioner that he may be arrested is not reasonable one.
6. Having regard to the facts and circumstances, it is a fit case to grant anticipatory bail. Therefore, the petition is allowed.
The petitioner/accused No.2 is granted anticipatory bail in Crime No.182/2011 of Devaraja Police Station, Mysuru subject to the following conditions:
(i) He shall appear before the jurisdictional Court within ten days from the date of receipt of copy of this order.
(ii) He shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the likesum to the satisfaction of the Investigating Officer/Magistrate for his appearance.
(iii) He shall appear before the Court as and when required for the purpose of trial.
(iv) He shall not tamper the prosecution witnesses in any manner.
Sd/- JUDGE Prs*