IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4672/2019 BETWEEN:
REVANTH C S/O CHANDARA.M @ CHANDRAPPA AGED ABOUT 19 YEARS R/AT NO.15, 1ST CROSS, 22ND MAIN, VINAYAKA NAGAR, J.P. NAGAR 5TH PHASE, BENGALURU 560 078. ... PETITIONER (By Sri. A V RAMAKRISHNA, ADVOCATE) AND:
STATE OF KARNATAKA BY ATTIBELE POLICE STATION, REP.BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE.
(By Sri. K.P. YOGANNA, HCGP) ... RESPONDENT THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.154/2019 OF ATTIBELE POLICE STATION, BENGALURU DISTRICT FOR THE OFFENCE P/U/S.394 AND 363 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for the petitioner and learned HCGP for respondent-State. Perused the records.
2. The brief facts of the case are that on 14.05.2019 at about 11.45 p.m., when the complainant by name Keenkarkumar Thakur, after getting down from the bus near Attibele bus stop and proceeding towards Anekal, near Lakshmi Temple four persons came in two motor cycles and waylaid him and forcibly took him on the motor cycle and assaulted him with knife and snatched his wallet, ATM card, mobile, gold chain and a ring etc., thereafter they went away from the spot. A complaint came to be lodged by the complainant. During the course of investigation, police have suspected four persons in connection with this case. The petitioner herein is arraigned as accused no.4.
3. As could be seen from the materials on record, overt acts are made only against accused no.1. There is no overt act on the part of the petitioner herein. Learned HCGP submitted that charge sheet has already been filed and there is no recovery of materials at the instance of the petitioner herein, who is accused no.4. However, the complainant has identified the petitioner as one of the participant during the course of the investigation in the police station. But, the recovery of incriminating materials were made at the instance of accused nos.1, 3 and 5. Serious allegations are made only against accused no.1.
4. Learned HCGP has submitted that accused no.1, is a notorious person and police have secured him with great difficulty. The CCTV footage also shows the presence of accused no.1 and the complainant identified him. Under the above said circumstances, the petitioner being a student and his identification has to be proved during the course of full dressed trial. Further, it is stated that there is no overt act or any recovery made from the petitioner herein. Even there is no mention by the learned HCGP that the petitioner herein is a habitual offender. Therefore, in my opinion, the petitioner is entitled to be enlarged on bail particularly under section 439 of Cr.P.C. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No154/2019 of Attibele Police Station pending on the file of the I Addl. Civil Judge & JMFC., Anekal, registered against him for the offences punishable under Sections 394 and 363 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 surety for the like- sum 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.
Psg* Sd/- JUDGE