IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MAY, 2019 BEFORE:
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION No.786 OF 2019 BETWEEN:
SHANTHAKUMARA @ KARI SHANTHA, S/O. DODDANARASAIAH, AGED ABOUT 39 YEARS, RESIDING AT 4TH CROSS, N.R. COLONY, DALAMMA TEMPLE, KOTHITHOPU, TUMAKURU, PIN-572 102. ... PETITIONER [BY SRI.K. LAKSHMIKANTH, ADVOCATE] AND:
STATE OF KARNATAKA BY TUMAKURU TOWN POLICE STATION, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. ... RESPONDENT [BY SRI. M.DIVAKAR MADDUR, HCGP] * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.253/2018 (C.C. NO.11/2019) REGISTERED BY TUMAKURU TOWN POLICE STATION, TUMAKURU FOR THE OFFENCE P/U/S 399 AND 402 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner has been arrayed as accused No.6 in Crime No.253/2018 of Tumakuru Town Police Station, registered for the offence punishable under Sections 399 and 402 of IPC.
2. I have heard the learned counsel appearing for the petitioner and the learned HCGP representing the respondent/State.
3. It is the case of the prosecution that on 10.10.2018 at 8.00 p.m., near Antaharasanahalli bridge, near Sira Gate, Tumakuru, in a remote area, the petitioner along with other accused persons were armed with deadly weapons and preparing to commit dacoity. It is stated that the Investigating Officer along with his staff raided the spot and apprehended the accused persons and seized deadly weapons from their possession.
4. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and a false case has been registered against him. He further submits that the offences alleged against the petitioner is not exclusively punishable with the death or imprisonment for life. He submits that the petitioner is willing to abide by any condition/s that may be imposed by this Court.
Per contra, the learned HCGP contended that the petitioner along with other accused persons were attempting to commit dacoity and from the possession of the present petitioner a knife has been recovered. He submits that, in the event of release of the petitioner, he will misuse the liberty and commit similar offence.
5. The allegations are that the petitioner and other accused persons were preparing to commit dacoity and that they were armed with dangerous weapons. It is stated that a knife was recovered from the possession of the petitioner. He is arraigned as accused No.6. The offences alleged are not punishable with death or imprisonment for life. The investigation has been completed and charge-sheet has been filed. The petitioner is in the custody since the date of his arrest i.e., 10.10.2018. Considering the entire facts and circumstances of the case, I am of the view that the petitioner may be enlarged on bail. Accordingly, I pass the following:
ORDER The petition is allowed.
The petitioner is enlarged on bail in connection with Crime No.253/2018 of the Tumakuru Town Police Station, registered for the offences punishable under Sections 399 and 402 of IPC on the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- [Rupees One Lakh only] with two sureties for the likesum to the satisfaction of the trial Court.
(ii) The petitioner shall not tamper with the prosecution witnesses in any manner.
(iii) The petitioner shall not indulge in criminal activities.
(iv) The petitioner shall be regular in attending the Court proceedings.
(v) The petitioner shall furnish his correct residential address and shall intimate the change of address if any, to the jurisdictional police.
Sd/- JUDGE Ksm*