IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MARCH 2017 BEFORE THE HON'BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.1574/2017 BETWEEN:
SANDESH SHETTY S/O SANDESH SHETTY AGED ABOUT 28 YEARS, CAR INDUSTRIS VEERABADRAHALLI SIRSI, UTTAR KANNAR DISTRICT PIN-581402 ALSO AT:
NO.483, 4TH PHASE, 4TH CROSS YELAHANKA NEW TOWN BENGALURU-560 064 (BY SRI. THEJAS RAI K, ADV.) AND THE STATE BY GANDASI POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU-01 (BY SRI.K. NAGESHWARAPPA, HCGP) ... PETITIONER ... RESPONDENT
CR.NO.103/2016 OF GANDASI POLICE STATION, HASSAN AND C.C.NO.3247/2016, FOR THE OFFENCE P/U/S 395,397,398,346,353,307,452,347 OF IPC, SEC.3 OF KARNATAKA PREVENTION OF DAMAGE TO PUBLIC PROPERTY ACT, 1984 AND SEC.3,5(1)(A),25 AND 27 OF INDIAN ARMS ACT.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner/accused No.6 is charge sheeted by the respondent-Police in Crime No.103/2016 dated 11.5.2016 in respect of offences punishable under Section 3 of Karnataka Prevention of Damage to Public Property Act, 1984, Sections 395, 397, 398, 346, 353, 307, 452, 347 of IPC and Sections 3, 5(1)(A), 25, 27 of Indian Arms Act.
2. The allegation of the prosecution is, the accused persons during the wee hours of 11.5.2016 barged into the ATM and pushed the security guard to a nearby toilet in Grama Panchayath building, under the revolver point, he was immobalised, by using gas cylinder, gas welding cylinder with cutter attempted to commit dacoity in the ATM. On seeing the police personnel, they disappeared; while retreating, they fired towards the police personnel with their revolver. The allegation against this petitioner is that he brought the accused in his car near the place of offence and was waiting for their return to escape with the bounty. During the identification parade, he is not identified by the complainant. His involvement in the commission of offence is yet to be established by circumstantial evidence of witness.
3. Having regard to the nature of the allegation, there is no impediment to enlarge the petitioner on bail.
4. Accordingly, petition is allowed. Petitioner is enlarged on bail in Cr.No.103/2016 registered by the respondent-Police, subject to following conditions:
(i) He shall execute a self bond for Rs.2,00,000/- with two local sureties for the likesum to the satisfaction of the concerned Court. The concerned court while accepting the surety bonds, shall examine the original title deeds pertaining to the properties, identity card and aadhar card of the sureties.
(ii) He shall attend the Court on all hearing dates regularly and punctually.
(iii) He shall mark the attendance before SHO of the concerned Police station every alternate Tuesday till the conclusion of the trial (iii) He shall not involve in any criminal activities and shall not prevail upon or terrorize the prosecution witnesses.
Sd/- JUDGE DM