IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO CRIMINAL PETITION NO.10129/2017 BETWEEN:
PRAVEEN @ CHUKKI S/O, LATE KARIYAPPA, AGED ABOUT 24 YEARS, RESIDING AT 3RD CROSS, BEHIND MILK BAKERY, SUKADAKATTE, BANGALORE-560 091.
(BY SRI. LAKSHMIKANTH K., ADV.) AND:
STATE OF KARNATAKA BY MAHALAKSHMI LAYOUT POLICE STATION, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001.
(BY SRI. CHETHAN DESAI, H.C.G.P.) ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.406/2017 OF MAHALAKSHMIPURAM POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 399 AND 402 OF IPC.
THIS PETITION COMING FOR ORDERS ON THIS DAY THE COURT MADE THE FOLLOWING:
ORDER A case was registered against the petitioner for the offence punishable under Sections 399 and 407 of IPC as he was said to have been engaged in preparation in committing Dacoity at Pipeline Road Kempegowda Arch, Bengaluru.
2. It is stated that when the complainant was patrolling along with his staff, they got credible information regarding certain persons engaged in preparation to commit dacoity and when the complainant along with his team went to the spot, he found five to six persons were armed with deadly weapons and were engaged in preparation to commit dacoity. They were possessing deadly weapons and their intention was to snatch from the bye-passer.
3. Learned counsel for the petitioner would submit that another case in Cr.No.397/2017 of Byatarayanapura Police Station is the only case pending against the petitioner.
4. Learned High Court Government Pleader opposes the bail application.
5. Learned District Judge has allowed the bail application filed by accused No.3-Suresh Kumar and the application filed by the petitioner here came to be rejected on the ground that the petitioner has involved in another case in Cr.No.317/2017 for the offence punishable under Section 397 of IPC.
6. In the set of circumstances, no prejudice would be caused to the prosecution if the petition is allowed. However, the apprehension of the prosecution could be set at rest by imposing appropriate conditions.
7. Hence, the criminal petition is allowed. The petitioner-accused is enlarged on bail in Cr.No.406/2017 registered by Mahalakshmipura Police Station, Bengaluru, subject to the following conditions;
i) The petitioner-accused shall execute a personal bond for Rs.1,00,000/- with a surety owning and possessing immovable properties for the likesum.
ii) The petitioner-accused shall not terrorize the witnesses nor tamper the prosecution evidence in any manner.
iii) The petitioner-accused shall not leave the territory of the trial Court without prior permission till the completion of the trial.
iv) The petitioner-accused shall mark his attendance before the Investigating Officer on every second Saturday between 10.00 p.m. and 11.00 p.m. till completion of the evidence witnesses.
v) In case, the petitioner involves in any other criminal activities, the relief granted in this application stands automatically terminated and the petitioner be re-arrested.
Sd/- JUDGE VM