IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF APRIL 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.2470/2017 BETWEEN:
1. RAMESH S/O LATE ASHOK AGED ABOUT 23 YEARS R/AT MUDUKEPURA VILLAGE MUDAGERE POST & TALUK CHIKKAMAGALURU DISTRICT 2. RANJITH @ KARIYA S/O SRINIVASA AGED ABOUT 20 YEARS R/AT # 17, OPP. KABIR ASHRAMA VENKATESHAPPA BUILDING ‘B’ CROSS, VIDYARANYAPURA DODDABOMMASANDRA BENGALURU – 560 057.
3. SRIDHAR @ BABY S/O MUNIRAJU AGED ABOUT 19 YEARS R/AT HIMACHENAHALLI VILLAGE NARASIPURA HOBLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT – 562 123.
(BY SRI R.P.CHANDRASHEKAR AND SRI MAHADEVA, ADVS.) AND:
STATE OF KARNATAKA BY BENGALURU RURAL RAILWAY …PETITIONERS POLICE STATION BENGALURU REP. BY GOVERNMENT PLEADER HIGH COURT OF KARNATAKA BENGALURU – 560 001.
(BY SRI K.NAGESHWARAPPA, HCGP.) ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.25/2017 OF BANGALORE RURAL RAILWAY P.S., KARNATAKA RAILWAY FOR THE OFFENCES P/U/S 399 AND 402 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 appearing for the petitioners/accused and the learned High Court Government Pleader appearing for the respondent-State.
2. The respondent-police have registered a FIR in their Cr.No.25/17 against the petitioners (A3, A4 and A5) and two others in respect of the offences punishable under sections 399, 402 of IPC.
3. The allegation of the prosecution is, at the evening hours of 13.2.2017 the accused were found with lethal weapons near outer signal of Yeshwanthpur Railway Station preparing to commit dacoity. The petitioners are not shown to be habitual offenders. Major portion of the investigation since complete, on their arrest weapons were seized from their possession, their continuation in judicial custody is not required for further course of investigation.
4. Learned counsel for the petitioners submits that though petitioners 1 and 3 are outsiders, all the three accused are ready and willing to offer local surety.
5. In the light of the above, the petition is allowed.
Petitioners are enlarged on bail in Crime No.25/2017 of respondent-police, subject to the following conditions:
(i) They shall execute a self bond for a sum of Rs.1,00,000/- each with one local surety for the likesum to the satisfaction of the concerned Court.
(ii) They shall furnish the proof of their residential address to the Investigating Officer and make themselves available before him during further course of investigation.
(iii) They shall not terrorize the prosecution witnesses.
(iv) They shall not indulge in criminal activities.
Dvr:
Sd/- JUDGE