IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION No.6424 OF 2017 Between:
Savan @ Sagar @ Bablu, S/o. Vigneshappa, Aged about 24 years, R/at Beside Church, Begur, Bengaluru – 560 100.
…Petitioner (By Sri. J. Prakash, Advocate) And:
State of Karnataka, Represented by its Inspector, Electronic City Police Station, Bengaluru – 560 100.
Represented by The State Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001.
(By Sri. S. Vishwamurthy, HCGP) ... Respondent This Criminal Petition is filed u/s 439 Cr.P.C praying to enlarge the petitioner on bail in Cr.No.138/2017 of Electronic City P.S, Bengaluru for the offences P/U/S 324, 395 and 397 R/w 34 of IPC.
This Criminal Petition coming on for Orders this day, the Court passed the following:
O R D E R Heard the learned counsel for the petitioner, learned HCGP for respondent.
2. The petitioner is in judicial custody in Crime No.138/2017 registered by the respondent-police. During the pendency of the petition charge sheet is submitted against 8 accused persons for the offence punishable under Sections 395 and 397 of IPC. He is arraigned as accused No. 6.
3. The allegation is, on the night of 13.05.2017 accused No.5 stopped the lorry, the driver of the lorry/ complainant was offered sexual advance and he was taken to an isolated place; by that time accused Nos.1 to 4 and 6 to 10 attacked him and assaulted with a iron rod, extorted two mobile phones and cash amount of Rs.6,000/- from him.
4. Learned counsel for the petitioner submits that petitioner was produced in this case under body warrant. The stolen property pertaining to the case is not seized from his possession. Though he was arraigned as accused in two other criminal cases, subsequently, he was enlarged on bail in those cases. He is ready to abide by any condition that may be imposed on him by this Court.
5. Learned HCGP opposes the petition and submits that petitioner is a rowdy-sheeter and if enlarged on bail, he will perpetuate the same.
6. Perused the charge sheet papers. The petitioner was arrested in Crime No. 818/2015 registered by the respondent-police. On his arrest a motor bike said to be stolen property of the said case was recovered at his instance, on his voluntary statement. He is produced under body warrant in the present case.
7. Having regard to the nature of the allegation, there is no impediment to allow the petition. Hence, petition is allowed. Petitioner is enlarged on bail, subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one local surety for the likesum to the satisfaction of the concerned court.
The surety shall produce Aadhar
immovable property for perusal of the Court. The surety shall not have the antecedents of offering surety in criminal cases.
(ii) He shall attend the Court regularly on all hearing dates.
(iii) He shall mark his attendance on every alternate Tuesday before the SHO of the respondent police station during office hours till disposal of the case.
(iv) He shall not threaten or terrorize the prosecution witnesses.
Sd/-
JUDGE SV