IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.6953/2017 C/W CRIMINAL PETITION NO.7008/2017 IN CRL.P. NO.6953/2017:
BETWEEN:
Shankaraswamy @ G. Swamy, S/o Shankarasa @ Satyanaranana, Aged about 62 years, Occ: Handloom Work, 4th Cross, Sainagara, Yelahanka Road, Bengaluru – 560 064.
(By Sri. Shankarappa S., Adv.) AND:
State of Karnataka, By Chitradurga Town P.S., Rep by SPP, High Court Complex, Bengaluru – 560 001.
(By Sri. Chetan Desai, HCGP) …PETITIONER ….RESPONDENT This criminal petition is filed under section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.293/2017 of Chitradurga Town Police Station, Chitradurga, for the offence P/U/S 342, 395, 307 of IPC.
IN CRL.P. NO.7008/2017:
BETWEEN:
Yallappa Thippanna Hiremani, S/o Thippanna, Aged about 33 years, Coolie, Bhovi Caste, R/at Yalavgi, Savanur Taluk, Haveri District – 577 528.
(By Smt. Roopa K.R., Adv.) AND:
State of Karnataka, By Chitradurga Police station, Chitradurga District, Rep. by its Government Advocate, High Court, Karnataka, Bengaluru.
(By Sri.Chetan Desai, HCGP) …PETITIONER ….RESPONDENT This criminal petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.293/2017 of Chitradurga Town P.S., Chitradurga District for the offences P/U/S 342, 395 and 307 of IPC.
These criminal petitions coming on for orders this day, the Court made the following:-
O R D E R Since the above two petitions are in respect of same crime number and common question of law and facts are involved, they are taken together to dispose of by common order.
2. The first petition is filed by petitioner/accused No.5 and the connected petition is filed by accused No.6. Both petitions are filed under Section 439 of Cr.P.C. seeking their release on bail of the alleged offences punishable under Sections 342, 395 and 307 of IPC, registered in respondent – police station Crime No.293/2017.
3. Brief facts of the prosecution case as per the complaint averments are that, the Rohith S/o Babu filed the complaint alleging that he is student in KLE Diploma College and in order to support the family financially, he approached one Manikanta who studied in Dharwad and in turn introduced to one Madivalappa and Devendragowda who are accused Nos.2 and 3. The said Devendragowda/accused No.3 told the complainant that some persons whom he know are selling gold biscuits for half rate then he can sell the same secretly and on the commission of Rs.2,000/- per thola depending upon the gold that the complainant purchased. Complainant exchanged the contact numbers and on 13.07.2017, complainant with his friend Prateek, Mohan and accused No.3 took Rs.5,00,000/- in two bags and left Hubli in car to Chitradurga.
4. The further allegations in the complaint that when the complainant told that he has brought Rs.5,00,000/-, then complainant doubting two gold biscuits purity, the accused persons screamed with filthy language and assaulted and one Tirupathi threatened with knife and one lady threatened to murder him if he did not hand over two bags. When the complainant and his friend were crying in the room, the police entered and enquired and told the complainant and his friend to file complaint against them. Accordingly, complainant filed the complaint and based on which the case came to be registered for the said offences.
5. Heard the learned counsel appearing for the petitioners/accused Nos.5 and 6 in the above two petitions and so also, the learned High Court Government Pleader for the respondent – State.
6. I have perused the grounds urged in both the bail petitions, FIR, complaint and also other materials produced in the case. So far as the alleged offences in Section 307 is concerned, during the course of hearing of said offences, it is clear that the complainant has not sustained injuries. Regarding other offences are concerned, this Court has already discussed regarding the factual matters of the case, while disposing of Criminal petition Nos.6953/2017 and 7008/2017. Therefore, it is not necessary to repeat the similar facts again. So far as the petitioner/accused No.5 is concerned in this petition, there are no allegations and so far as the petitioner/accused No.6 is concerned, though there are some allegations in the complaint, they are not specific and general allegations are made regarding the alleged offences. The petitioners/accused Nos.5 and 6 both contended in their petition that there is a false implication and petitioners are innocent and not involved in the said offences and they are ready to abide by any conditions to be imposed by this Court.
7. The alleged offences are not exclusively punishable with death or imprisonment for life.
8. Accordingly, both the petitions are allowed.
Petitioners/accused Nos.5 and 6 are ordered to be released on bail subject to the following conditions:
a. They shall execute a personal bond for Rs.1,00,000/- each and has to furnish one solvent surety each for the likesum to the satisfaction of the concerned Court.
b. They shall not tamper with any of the prosecution witnesses, directly or indirectly.
c. They should appear before the concerned Court regularly.
Sd/- JUDGE MH/-