IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.8288/2019 BETWEEN MR. SHEKARA NAIKA S/O GANGA NAIKA 30 YEARS, OCC: DRIVER RESIDING AT BENDEKERE THANDYA, BANAVARA HOBLI ARASIKERE TALUK HASSAN – 573 103 (BY SRI. GURUDHATTA K., ADVOCATE) AND ... PETITIONER STATE BY SAKHARAYAPATNA POLICE REP. BY THE STATE PUBLIC PROSECUTOR HIGH OF KARNATAKA BUILDING BENGALURU – 560 001 … RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.47/2019 OF SAKKARAYA PATNA POLICE STATION, CHIKKAMAGALURU FOR THE OFFENCE P/U/S 395 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the Respondent –State. Perused the records.
2. The petitioner is arraigned as Accused No.5 in Crime No.47/2019 of respondent-Sakkarayapatna Police Station, Chikkamagaluru, for the offence punishable under Sections 395 of IPC, which culminated in SC No.75/2019, now pending on the file of II Addl. District and Sessions Judge at Chikkamagaluru.
3. The brief facts of the case are that, on the intervening night of 13.03.2019 at about 00.50 hours, in Nadaghatta Village, Kadur Takuk, Chikkamagauru District, the complainant heard barking sound of the dogs. Immediately, he came out of the house and saw Accused Nos. 1 to 4 dragging cattle from the cattle shed of his house. Immediately, he screamed for help and tried to avoid Accused Nos. 1 to 4 taking away the bullock. At that time, it is alleged that Accused No.1 assaulted the complainant and Accused No.3 also wielded the chopper at him and threatened him with dire consequences. Thereafter, one of the accused persons took Rs.2,530/- from the wearing apparel of the complainant (CW.1) and all of them went away from the spot along with bullock worth Rs.35,000/-.
4. As rightly contended by the learned counsel for the petitioner, the charge sheet does not reveal any such allegations made against this petitioner and even there is no recovery at his instance. Further, the learned counsel submitted that the petitioner has already been arrested, interrogated and charge sheet has already been filed. Therefore, in my opinion, the petitioner is not required for any further custodial interrogation and investigation.
5. In view the above said facts and circumstances, absolutely there is no reason to reject the bail petition. Therefore, the petitioner is entitled to be enlarged on bail. Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioner (A5) shall be released on bail in connection with Crime No.47/2019 of Respondent-Sakkarayapatna Police Station, Chikkamagaluru District, for the aforesaid offences, now pending in C.C.No.75/2019 before the court of II Addl. District & Sessions Judge at Chikkamagaluru, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not tamper the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against him is disposed of.
KGR* Sd/-
JUDGE