IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.41/2019 BETWEEN:
Saavan @ Babu S/o. Egneshappa Aged about 21 years R/at No.384, Yagappa Road Near Beguru Church Bengaluru – 560 068. ...Petitioner (By Sri.P.R. Bhat, Advocate for Sri. Dilraj Jude Rohit Sequeira, Advocate) AND:
The State of Karnataka By Electronic City Police Station Rep. by the SPP, High Court of Karnataka Bengaluru– 560 001. ... Respondent (By Sri.M. Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Cr.No.24/2016 (S.C.No.252/2018) registered by Electronic City Police Station, Bengaluru, pending on the file of VIII Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru 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 This petition has been filed by the petitioner/accused No.6 under Section 439 of Cr.P.C. seeking his release on bail in Crime No.24/2016 (S.C.No.252/2018) registered by Electronic City Police Station for the offences punishable under Sections 399 and 402 of IPC.
2. I have heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that the Police Inspector has received credible information that accused persons on 14.01.2016 were preparing for committing dacoity. Immediately he has registered the case and went to the spot, there he noticed that accused Nos.1 to 4 were with incriminating articles. Immediately they surrounded them but they tried to escape. After apprehending, they informed that they are preparing for committing decoity. On the basis of complaint, the case has been registered.
4. It is the submission of the learned counsel for petitioner that on the basis of the voluntary statement made by the accused persons, accused No.6 has been implicated in this case. The petitioner/ accused No.6 was not present when accused Nos.1 to 4 have been apprehended. He further submitted that in other case, he has been already released on bail. The trial Court has rejected the bail application only on the ground that he is involved in many cases. He further submitted that the alleged offences are not punishable with death or imprisonment for life and he is ready to abide by the conditions imposed on him by this Court and ready to offer surety. On these grounds, he prays to allow the petition and to release the petitioner/accused No.6 on bail.
5. Per contra, learned counsel for the respondent vehemently argued and submitted that petitioner/accused No.6 is involved in seven cases in various police stations for the similar offences. The petitioner/accused No.6 is an habitual offender and hence, if he is released on bail, he may indulge in similar type of criminal activities. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submission of learned counsel appearing for both the parties and perused the records.
7. As could be seen from the records, when the complaint was registered, the presence of petitioner/ accused No.6 was not there and he has been apprehended only on the basis of the voluntary statement which is said to have been given by remaining accused persons. The alleged offences are punishable with death or imprisonment for life. Though it is pointed out by learned HCGP that he is an habitual offender and he is involved in many more cases, but it is the submission of the learned counsel for the petitioner that he has been released on bail in all other cases. The alleged offences are not punishable with death or imprisonment for life. Under the said facts and circumstances, I feel that if petitioner/accused No.6 is ordered to be released on bail by imposing stringent conditions, it is going to meet the ends of the justice.
8. In the light of the above discussion, the petition is allowed. Petitioner/accused No.6 is enlarged on bail in Crime No.24/2016 of Electronic City Police Station for the offences punishable under Sections 399 and 402 of IPC subject to the following conditions:
1. Petitioner/accused No.6 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not tamper with the prosecution evidence directly or indirectly 3. He shall not leave the jurisdiction of the Court without prior permission.
4. He shall not indulge in similar type of activities till the completion of the trial.
5. He shall mark his attendance once in fifteen days between 10.00 a.m., and 5.00 p.m., before the jurisdictional police station, till the trial is concluded.
6. If petitioner/accused No.6 is involved in similar type of activities, the trial Court is at liberty to cancel the bail.
KA* Sd/- JUDGE