IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.7853 OF 2017 BETWEEN:
Shastri N.
S/o V. Nagaraju, Aged 24 years, No.U-7, II Main Road, II Cross, Hanumanthapura, Srirampuram, Bengaluru – 560 021. Now in Central Prison, Bengaluru.
(By Sri. N. Ravindranath Kamath, Adv) AND:
The State of Karnataka, By Kengeri Police Station, Mysuru Road, Bengaluru – 560 060. By its SPP, High Court Building, Bengaluru – 560 001.
(By Sri:S. Vishwamurthy, HCGP.) ...Petitioner ...Respondent This Crl.P. is filed under Section 439 of Cr.P.C. praying to enlarge the petition on bail in Crime No.211/2017 (C.C.No.22700/2017) of Kengeri Police Station, Bengaluru for the offence P/U/S 397 of IPC and Section 25 of ARMS Act.
This Crl.P. coming on for Orders this day, the Court passed the following:
ORDER The petitioner (accused No.4) along with the co-accused is charge sheeted by the respondent police in respect of the offences punishable under Sections 395, 397, 323, 506 (B) of IPC.
2. The allegation is, the accused persons falsely assured the complainant to exchange the old demonetized currency notes and procured him on 25.12.2016 to an open place during day time, accused Nos.1 to 11 surrounded his car, by wielding lethal weapons extorted demonetized currency notes of the then value of Rs.1,75,00,000/- from him. Two of the co-accused Nos.1 and 3 i.e., father and brother of this petitioner are enlarged on bail by the order of this Court during the trial stage in Criminal Petition No.7094/2017 D.D. on 21.09.2017.
3. Having regard to the nature of allegations and since the investigation is complete, there is no impediment to allow the petition.
4. Accordingly, the petition is allowed. Petitioner is enlarged on bail in Crime No.211/2017 registered by the respondent/Police, subject to the following conditions:-
i) He shall execute a self-bond for Rs.2,00,000/- with two local sureties for the likesum to the satisfaction of the concerned Court;
The sureties shall furnish their original documents pertaining to immovable properties and their identity card / Aadhar card for perusal of the Court. They must not have previous history of offering surety in other similar cases.
ii) He shall attend the Court regularly and shall not threaten the complainant or his family members.
Violation of the above conditions entitles the Investigating Officer to seek for cancellation of bail before the concerned Court.
Sd/- JUDGE MH/-