IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION NO.9618/2018 C/w.
CRIMINAL PETITION NO.9619/2018 IN CRIMINAL PETITION NO.9618/2018:
BETWEEN:
SATISH S/O. CHANDREGOWDA AGED ABOUT 32 YEARS R/O. KUNDRA VILLAGE B-HOSALI, MUDIGERE TALUK CHIKKAMAGALURU DISTRICT - 577 101 … PETITIONER [BY SRI. GIRISH B. BALADARE, ADVOCATE] AND:
STATE BY ALDUR POLICE CHIKKAMGALUR DISTRICT REP. BY PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE –01 … RESPONDENT [BY SRI. K.P. YOGANNA, HCGP] * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.PC., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.79/2018 [SC NO.143/2018 OF ALDUR POLICE STATION, CHIKKAMAGALURU DISTRICT FOR THE OFFENCE P/U/S. 395 R/W. 34 OF IPC.
IN CRIMINAL PETITION NO.9619/2018:
BETWEEN:
DRAGON ABHI @ ABHISHEK S/O. MANJUNATHA AGED ABOUT 24 YEARS R/O. BEEJUVALLI VILLAGE MUDIGERE TALUK CHIKKAMAGALURU DISTRICT - 577 101 … PETITIONER [BY SRI. GIRISH B. BALADARE, ADVOCATE] AND:
STATE BY ALDUR POLICE CHIKKAMGALUR DISTRICT REP. BY PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE –01 … RESPONDENT [BY SRI. K.P. YOGANNA, HCGP] * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.PC., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.79/2018 [SC NO.143/2018 OF ALDUR POLICE STATION, CHIKKAMAGALURU DISTRICT FOR THE OFFENCE P/U/S. 395 R/W. 34 OF IPC.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER Criminal Petition No.9618/2018 has been filed by the Accused No.4 and Criminal Petition No.9619/2018 has been filed by Accused No.5 under Section 439 of Cr.P.C. seeking their release on bail in Crime No.79/2018 of Aldur Police Station, Chikkamagaluru District, for the offences punishable under Section 395 read with Section 34 of IPC.
2. I have heard the learned counsel for the petitioners/accused Nos.4 and 5 and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that on 25.03.2018 at about 11 pm when the complainant was in his house, at that time, five unknown persons wearing mask, trespassed into his house and thereafter after closing his mouth by putting tape, tied his hands, legs and robbed one Dell company laptop, two HP company laptops and I-Phone six mobile handsets, Karbonn Mobile handset, 23 bags of pepper containing 50 to 60 kgs each total worth about Rs.4,40,000/- and cash of Rs.50,000/-, passport, driving license, Aadhaar card, pan card from the possession of the complainant. On the basis of the complaint, a case was registered.
4. It is the submission of the learned counsel for the petitioners that the petitioners are innocent and they have been falsely implicated in this case. He further submitted that the alleged incident has taken place on 25.03.2018 and thereafter the Accused Nos. 6 and 7 came to be apprehended and thereafter the statement of accused was recorded on 10.07.2018 and in their statement, they have disclosed names of the accused/petitioners and as such they have been included. It is submitted that charge sheet has been filed on 1.10.2018. The accused persons are not required for further investigation or interrogation. He further submitted that the accused/petitioners are ready to abide by the conditions and ready to offer sureties. On these grounds, he prayed to allow the petitions.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that insofar as Accused No.4 is concerned, he is a habitual offender and as many as eight cases have been registered which has been observed by the trial court. He further submitted that the accused/petitioners are habitual offenders and if they are released on bail, they may abscond and may not be available for trial. He prayed for dismissal of the petitions.
6. I have carefully and cautiously gone through the contents of the complaint and submissions made by the learned counsel for the parties and perused the other materials placed on record.
7. As could be seen from the contents of the complaint, in the first instance, a case was registered against unknown persons and thereafter only after apprehension of the Accused Nos. 6 and 7, the statement has been recorded and thereafter Accused Nos. 4 and 5 have been apprehended. It is the submission of the learned counsel for the petitioners that after apprehension of Accused No.4, falsely he has been implicated in eight cases and in those cases already the accused has been released on bail. The alleged offences are not punishable with death or imprisonment for life. Under the said facts and circumstances, this Court is of the opinion that by imposing stringent conditions if the accused-petitioners are enlarged on bail, it would meet the ends of justice.
8. In the light of the above discussion, petitions are allowed.
9. Petitioners/accused Nos.4 and 5 are enlarged on bail in Crime No.79/2018 of Aldur Police Station, Chikkamagalur District, for the offences punishable under section 395 r/w. Section 34 of IPC subject to the following conditions:
1. Petitioners/accused Nos.4 and 5 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakhs only) each with two sureties for the likesum to the satisfaction of the trial Court.
2. They shall not tamper with the prosecution evidence in any manner directly or indirectly.
3. They shall not leave the jurisdiction of the court without prior permission.
4. They shall attend on all the dates of hearing.
5. They shall mark their attendance to the jurisdictional Police once in fifteen days till the trial is completed.
Sd/- JUDGE AN/-