IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE K. N. PHANEENDRA CRIMINAL PETITION No.5312/2019 BETWEEN:
R. SANJAY KUMAR @ GUNDA, AGED ABOUT 25 YEARS, S/O LATE RAJANNA, RESIDING AT NO.334, 14TH CROSS, ARUNDATHINAGARA, GANGONDAHALLY, BENGALURU – 562 131. AND PERMANENT R/O. MUTHUGANAHALLI VILLAGE, TURUVEKERE TALUK, TUMAKUR DISTRICT – 572 101.
... PETITIONER (BY SRI PRAVEEN C., ADVOCATE) AND:
THE STATE OF KARNATAKA BY KORA POLICE STATION, KORA, TUMKUR – 572 101.
REPRESENTED BY THE S.P.P., HIGH COURT BUILDING, BENGALURU – 560 001.
... RESPONDENT (BY SRI HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.120/2018 OF KORA POLICE STATION, TUMAKURU CITY FOR THE OFFENCE 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 The petitioner is arraigned as accused No.6 in the charge-sheet filed by the respondent police arising out of Crime No.120/2018.
2. The brief facts of the case on hand is that the present petitioner along with other accused persons have committed dacoity on 18.8.2018 at about 3.30 a.m. in Star Fuel Junction Petrol Bunk, Near V.R.L. Hotel, N.H.48 Road, Bellavi Cross, Tumkur District and robbed a sum of Rs.2,80,000/- and the mobiles of the complainant and staff members. They also assaulted those persons while robbing the said amount. It is there in the charge-sheet that all the accused persons had covered their faces with caps. Further added to that, there is no identification parade conducted as such for the purpose of identification of the accused. It appears that the accused persons were identified in the police station and whether they are going to identify the accused in the Court or not is to be tested. The role given to the petitioner is that he was the owner of a car and standing out side the petrol bunk while others went inside the petrol bunk and committed the offence. There are no other previous bad antecedents alleged against the petitioner to show that he is a habitual offender.
3. Looking to the above said facts and circumstances of the case and the nature of the allegations made, in my opinion, the petitioner is entitled to be enlarged on bail on stringent conditions. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.120/2018 of Kora Police Station, registered against him for the offence punishable under Section 397 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees one lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against him is disposed of.
Sd/- JUDGE MD