IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.4904/2019 BETWEEN:
SATHISH @ SARASA @ S.S. S/O MANI AGED ABOUT 27 YEARS R/AT NO.397, I MAIN DAYANANDA SLUM JAYANAGAR III BLOCK BENGALURU-560 078.
…PETITIONER (BY SRI. MANJUNATHA GOWDA B.V, ADV.) AND:
THE STATE OF KARNATAKA BY J.P.NAGAR POLICE STATION BENGALURU.
REPRESENTED BY THEIR STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU-560 001.
(BY SRI.ROHITH B.J., HCGP) ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.106/2019 OF JAYAPRAKASH NAGAR P.S., BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTION 395, 120-B OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel appearing for the petitioner and learned HCGP for the State. Perused the records.
2. The police have laid charge sheet against as many as 9 accused persons for the offence punishable under Sections 395 and 120B of IPC in connection with Crime No.106/2019 registered by the JP Nagar Police Station.
3. The facts that emanate from the charge sheet are that on 13.6.2019 in the evening, the complainant by name Sham was proceeding on his Honda Activa bearing Registration No.KA-05-KF-1379 and he was carrying an amount of Rs.3,00,000/- in the said vehicle. Accused Nos.1 to 5 along with another juvenile accused intercepted the said vehicle near JP Nagar and dashed against the said vehicle and thereafter took away the said vehicle belonging to the complainant and parked the said vehicle near JP Nagar 2nd Stage near KSRTC Layout. The complainant found that the amount of Rs.3,00,000/- missing. Therefore, he lodged the complaint.
4. During the course of investigation, accused Nos.1, 3, 4, 5 and 7 were arrested and found that accused Nos.7, 8 and 9 were in jail. It is alleged that the accused Nos.7, 8 and 9 have directed the other accused persons to commit such offence. The petitioner is arraigned as accused No.2. The entire charge sheet papers do not disclose that after arrest of accused Nos.1, 3, 5 and 7 they were shown to the complainant for the purpose of identification or the police have not even conducted Test Identification Parade. However they have show the recovery of some amount from the arrested accused persons. Only on the basis of the voluntary statement of the accused No.1, the present petitioner is apprehending the arrest at the hands of the respondent-Police.
5. Looking to the above said facts and circumstances of the case, the police have not conducted the Test Identification Parade and identification of the accused itself was doubtful. Hence, the petitioner is entitled to be enlarged on bail on imposing stringent conditions. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.106/2019 of Jayaprakash Nagar Police Station, subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and shall execute personal bond for a sum of Rs.1,00,000/- with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark his attendance once in 15 days between 10.00 am and 5.00 pm on any Sunday before the Investigating Officer for a period of two months or till the final report is filed, whichever is earlier.
Sd/- JUDGE DM