IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 23rd DAY OF JANUARY 2018 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO CRIMINAL PETITION NO.10204 OF 2017 BETWEEN PARASURAM NAIK S/O. LATE NAGAPPA, AGE: 31 YEARS, OCC: MILK VENDING, R/O. HOSAMALAPANGUDI VILLAGE, HOSAPETE TALUK, BALLARI DIST. 583110 (BY SRI.ANWAR BASHA B, ADV.) AND THE STATE OF KARNATAKA (THROUGH H.B.HALLI PS BELLARY, REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT BENGLAURU 560001 (BY SRI. PRAVEEN K UPPAR, HCGP.) ... PETITIONER ... RESPONDENT THIS PETITION IS FILED U/S.439 CR.P.C BY THE PETITIONER PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.209/2017 OF HAGARIBOMMANAHALLI P.S., BALLARI DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTION 395 OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for petitioner and the learned High Court Government Pleader for the respondent-state.
2. The petition is filed under Section 439 of Cr.P.C. seeking to enlarge the petitioner on bail in Cr.No.209/2017 of Hagaribommanhalli Police Station registered for the offence punishable under Section 395 of IPC.
3. In the complaint, it is stated that, the accused No.1 Parashuram Naik was know to the complainant earlier and with the said acquaintance, accused No.1 induced the complainant and offered Rs.10,00,000/- in exchange of Rs.10,00,000/- old currency notes in exchange of new currency notes worth Rs.8,00,000/-. Thereafter, complainant was called near H.B.Halli-Kecchinabandi road in that regard. Believing the same, complainant had been to the said place with cash of Rs.7,80,000/- on 16.03.2017 at about 6:30 p.m. At the time, accused No.1 was present at the spot and said accused No.1 after confirmation of brining of money by the complainant, he had invited four other co-accused over phone. When said four other co-accused reaches the scene of occurrence, accused No.1 fled away from the spot. The remaining accused assaulted the complainant and threatened him with dire consequences and robbed cash of Rs.7,80,000/- and a mobile phone from the complainant.
4. The bail petition filed by the present petitioner was dismissed by the learned III Addl. District and Sessions Judge, Ballari. The petitioner is stated to have been in judicial custody since 22.10.2017.
5. In the context and circumstances of the case, no prejudice would be caused to the prosecution if the petitioner is enlarged on bail. However, apprehensions of the prosecution could be resolved by imposing conditions.
Hence the following:
O R D E R Petition filed under Section 439 of Cr.P.C. by the petitioner is hereby allowed. The petitioner is ordered to be enlarged on bail in Cr.No.209/2017 of Hagaribommanhalli Police Station registered for the offence punishable under Section 395 of IPC on he executing a personal bond for a sum of Rs.1,00,000/- with one surety possessing immovable property for the like sum to the satisfaction of the jurisdictional Court subject to the following:
Conditions 1. The petitioner shall not terrorize and tamper the prosecution witnesses directly or indirectly.
2. The petitioner shall mark his attendance before the Investigating Officer on every Saturday between 9.00 PM and 9.30 PM till the trial is completed.
3. The petitioner shall not leave the jurisdiction of Karnataka State without the permission of the District Court till conclusion of trial of the case.
Sd/- JUDGE vb