IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO CRIMINAL PETITION NO.10128/2017 BETWEEN:
SAINUDDIN S/O. SALIYA, AGED ABOUT 27 YEARS, RESIDING AT NAPOKUL VILLAGE, MADIKERI TALUK, KODAGU DISTRICT-571214.
(BY SRI LETHIF B, ADV.) AND:
STATE OF KARNATAKA BY HUNSUR RURAL POLICE STATION, MYSORE DISTRICT, REPRESENTED BY SPP, HIGH COURT BUILDING, BANGALORE-560001.
(BY SRI. CHETHAN DESAI, H.C.G.P.) ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.558/2017 OF HUNUSUR RURAL POLICE STATION, MYSURU DISTRICT FOR THE OFFENCE P/U/S 399 AND 402 OF IPC.
THIS PETITION COMING FOR ORDERS ON THIS DAY THE COURT MADE THE FOLLOWING:
ORDER A case is registered for the offence punishable under Sections 399 and 402 of IPC in Cr.No.558/2017 by Hunsur Rural Police Station.
2. The allegation against the petitioner is that on 27.10.2017, when the complainant and his staff’s were on patrolling duty with regard to the theft case and at about 11.00 p.m. in the mid night, when they reached near Kallabettu Junction, on a credible information received by the Complainant that some 8 to 9 persons were preparing to commit dacoity. On the spot, when the police found a Scorpia Car with 8 to 9 persons and surrounded them, the accused persons tried to ran away from the spot and at that time, the police arrested the accused persons.
3. Learned counsel for the petitioner would submit that the petitioner is innocent of the alleged offence and he has been implicated by the respondent-Police. He further submits that the learned District Judge has rejected the bail application filed by the petitioner herein in Crl.Misc.No.2230/2017 on 30.11.2017. Hence, he prays for allowing of the bail application filed by the petitioner.
4. Learned High Court Government Pleader opposes the bail application.
5. Perusal of the application, it is seen that petitioner No.2-Sainuddin has filed bail application along with other accused persons namely Sameer @ Abdul Sameer and Mohamed Sameer. Learned District Judge has allowed the bail application filed by of Sameer @ Abdul Sameer and Mohamed Sameer and rejected the bail application filed by the petitioner herein considering the submission made by the learned SPP that two other cases are registered against the accused persons .
6. The petitioner and others were involved in preparation to commit Dacoity and they were involved in two other cases. However, the petitioner is in judicial custody and there is no interference with the investigation. Hence, it appears to be just and proper to enlarge the petitioner on bail. The apprehension of the prosecution be dissolved by imposing conditions.
7. Accordingly, the criminal petition is allowed. The petitioner-accused is enlarged on bail in Cr.No.558/2017 registered by Hunusur Rural Police Station, subject to the following conditions;
i) The petitioner-accused shall execute a personal bond for Rs.1,00,000/- with a surety owning and possessing immovable properties for the likesum.
ii) The petitioner-accused shall not terrorize the witnesses nor tamper the prosecution evidence in any manner.
iii) The petitioner-accused shall not leave the territory of the trial Court without prior permission till the completion of the trial.
iv) The petitioner-accused shall mark his attendance before the Investigating Officer on every second Saturday between 9.00 p.m. and 10.00 p.m. until further orders.
v) In case, one more case pertaining to theft or robbery, the relief granted in this application stands automatically terminated and the petitioner be re-arrested.
Sd/- JUDGE VM