IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.1723/2019 BETWEEN:
Ramesh Sopan Pitekar, S/o Sopan Pitekar, Aged about 33 years, R/at Mhalangi Village, Tah.Karjat Ahamdanagar District, Maharastra State-414 402.
(By Sri.V.Srinivas, Advocate) AND:
State of Karnataka by Railway Police Station Mysore, Represented by it’s State Public Prosecutor High Court of Karnataka Bangalore-560 001.
(By Sri. Honnappa - HCGP) …Petitioner …Respondent This Criminal Petition filed under Section 439 of Cr.P.C. praying to enlarge the petition on bail in Cr.No.57/2018 of Mysore Railway Police Station, Karnataka Railway for the offences p/s/s 379 of IPC 1860 and thereafter, substituted with offence p/u/s 395 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and learned HCGP for the respondent-State and perused the records.
2. The petitioner is arraigned as accused No.1 in connection with Crime No.57/2018 of Mysore Railway police station for the offence punishable under Sections 379 and 395 of IPC.
3. The allegations against this petitioner are that, the complainant by name Naveen Kumar was carrying some gold ornaments with him and came to railway station at 8.10 PM to proceed to Bangalore and kept his bag containing 2300 grams of gold ornaments below the seat. Within few seconds later, he noticed that the bag was missing. It is stated that some persons were following him while boarding the train and taking advantage of the situation, they stealthily taken away the said gold ornaments.
4. The records discloses that accused No.1 is already arrested along with accused No.2 and some gold ornaments were recovered from them. Accused Nos. 4 and 5 are still absconding. Role of these accused persons has not stated in the complaint. Complainant has not stated about other accused persons. Further added to that, on enquiry, learned HCGP submits that there are no other cases pending against this petitioner to show that he is a habitual offender. Further added to the above facts, the offences under Sections 379 and 395 has to be established before the trial Court during the course of full fledged trial.
5. Considering the facts and circumstances of the case, in my opinion, an opportunity has to be given to the petitioner-accused to mend his conduct. Only because the petitioner hails from Ahamednagar District, Maharastra, itself is not a ground to reject the bail application. Petitioner is in judicial custody since 30.01.2019. Therefore, on this ground also, the petitioner is entitled to be enlarged on bail. Hence, I proceed to pass the following;
ORDER The Criminal Petition is hereby allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.57 of 2018 of Mysore Railway Police Station, registered against him for the offences punishable under Sections 379 and 395 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(v) The petitioner shall mark his attendance once in fifteen days i.e., on Sunday between 10.00 a.m. and 5.00 p.m. before the Investigating Officer till the final report is filed.
Sd/- JUDGE SB