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.9653/2018 BETWEEN:
1. Shafiulla Khan S/o Agiulla Khan Aged about 28 years Puras Colony, 13th Cross Imra Masjid Galli Tumakuru-572 114.
2. Syed Naushad S/o late Syed Majeed @ Syed Wazir Aged about 33 years #Kittyavara Wine Street Thyamanondlu Village Nelamangala Taluk Bengaluru Rural District-562 123. (By Sri. A.C. Manjunatha, Advocate) AND:
…Petitioners State of Karnataka by Gowribidanuru Rural Police Station Gowribidanuru-561 208 Represented by State Public Prosecutor High Court of Karnataka Bengaluru-560 001. …Respondent (By Sri. K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail in Crime No.187/2018 (C.C.No.1286/2018) of Gowribidanur Rural P.S., Chickballapura District for the offence punishable under Section 397 of Indian Penal Code.
This Criminal Petition coming on for Orders this day, the Court made the following:-
O R D E R The present petition has been filed by the petitioners/ accused Nos.1 and 2 under Section 439 of Cr.P.C. to release them on bail in Crime No.187/2018 for the offence punishable under Section 397 of IPC.
2. I have heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.
3. The gist of the complaint is that on 4.8.2018 at about 12.00 p.m. the complainant and his elder brother gone to deliver the goods in a tempo bearing Registration No.KA.06 D.5193 to Koratagere and thereafter they have gone to Gowribidanuru and delivered the goods and collected an amount of Rs.1,35,000/- and while returning, near Madhugiri at about 8.15 p.m. he collected Rs.10,000/- from the customers and left Hosur at 8.45 p.m. and while going near Science Park, the accused persons came on their pulsor bike and blocked the way and threatened the driver by showing knife and snatched cash of Rs.20,000/- from the pocket of the complainant and cash of Rs.1,25,000/- collected from the customers and assaulted the complainant on the left hand and caused grievous injuries with an intention to kill them. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioners that petitioner No.1 is working as a driver and petitioner No.2 is not at all involved in the alleged crime. He further submitted that the alleged offences are not punishable with death or imprisonment for life. Already the charge sheet has been filed and there is no allegation as against accused No.1. He further submitted that when the complaint was filed, it was filed against unknown persons and the accused persons are ready to abide by the conditions imposed by this Court and ready to offer the sureties. On these grounds, he prayed to allow the petition.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that an amount of Rs.3,05,000/- has been recovered at the instance of accused No.1 and from the possession of accused No.2 an amount of Rs.14,800/-, a knife, a helmet and a mobile phone has been recovered. Charge sheet material clearly goes to show that the accused persons with an intention to commit decoity, blocked the way and stop the vehicle of the complainant and thereafter snatched Rs.20,000/- and Rs.1,25,000/- and they assaulted on the left shoulder and caused grievous injuries. There is prima facie material as against the petitioners/accused. He further submitted that accused No.6 is absconding and till today he has not been traced. If petitioners/accused are enlarged on bail, they may abscond and they may not be available for the trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsels appearing for the parties and I have also perused the records.
7. As could be seen from the records, already charge sheet has been filed and the alleged offences are not punishable with death or imprisonment for life. There is recovery of cash, knife, helmet and mobile, that is the matter which has to be considered and appreciated only at the time of trial. The only apprehension of the learned High Court Government Pleader is that, if they are released on bail, they may abscond and they may not be available for the trial. If by imposing some stringent conditions, petitioners/accused are enlarged on bail, it is going to safeguard the interest of the prosecution.
8. Under the above facts and circumstances, the petition is allowed and petitioners/accused Nos.1 and 2 are ordered to be released on bail in Crime No.187/2018 of Gowribidanur Rural Police Station, for the offence punishable under Section 397 of IPC, subject to following conditions:
i) Each of the petitioners shall execute a personal bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties each for the likesum to the satisfaction of the trial Court.
ii) They shall not tamper with the prosecution evidence in any manner directly or indirectly.
iii) They shall attend the trial Court on all dates of hearing.
iv) They shall not leave the jurisdiction of the trial Court without prior permission of the Court.
v) They shall not indulge in similar type of criminal activities.
vi) They shall mark their attendance once in 15 days to the jurisdictional police till the trial is concluded.
*AP/-
Sd/- JUDGE