IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2017 BEFORE THE HON'BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.3987 OF 2017 Between:
Puneeth S/o A. Krishna, Aged about 22 years, R/a No.945, 2nd Main Road, M.C. Layout, Vijaynagar, Bengaluru-560 040.
(By Sri. Deenabandhu Rai. N, Advocate) And:
State of Karnataka, By Vijaynagar Police Station, Rep. by its Public Prosecutor, High Court Complex, Bengaluru – 560 001.
(By Sri. Chetan Desai, 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 Crime No.219/2014 (C.C.
No.3475/2015) of Vijayanagar Police Station, Bengaluru for the offence punishable under Section 398 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent.
2. The petitioner apprehends his arrest by the respondent-police in Crime No.219/2014 in respect of the offence punishable under Section 393 of IPC.
3. Chargesheet is submitted to the Court which reflects that petitioner herein is arraigned as accused No.2 in Crime No.298/2014 registered by the very same police and he is released on bail. The present case is registered on the allegation that the petitioner and co- accused on 15.05.2014 barged into office of Manapuram Finance and made attempt to rob cash and jewelry.
However, their attempt failed. One of the accused was wearing burka. During the incident they had thrown pepper powder on the inmates of the office. On their voluntary statement, the burka is seized.
4. Learned counsel for the petitioner submits that Investigating Officer did not seek for his police custody in this case while he was in judicial custody in respect of Crime No.298/2014. If anticipatory bail is granted for a limited period, he will surrender before the concerned Court and participate in the proceedings.
5. In the light of the above, petition is allowed.
Petitioner is granted anticipatory bail for a period of three weeks in Crime No.219/2014 registered by the respondent-Police, subject to following conditions:
(i) Within the above period he shall surrender before the concerned Court and move for regular bail.
(ii) This order will be in force till the disposal of regular bail petition.
(iii) In the event of his arrest within the above period by the Investigating Officer, he shall be released on bail on executing a self bond of Rs.50,000/- with one surety for the likesum.
Sd/- JUDGE DN/LL