IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.7365/2017 BETWEEN:
Shivanna S/o Sadashivaiah R/o Ankammanadoddi Village K.P. Doddi Village Kailancha Hobli Ramanagara Taluk and District-562 160. ... PETITIONER (By Sri Kumara K G, Adv.) AND:
State by Sathanur Police Station Bengaluru-562 160.
Represented by the Special Public Prosecutor High Court of Karnataka Bengaluru-560 001. ...RESPONDENT (By Sri K Nageshwarappa, HCGP) This Criminal Petition is filed under Section 438 of the Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Cr. No.198/2017 of Sathnoor P.S., Ramanagara District, for the offences P/U/Ss 380, 457 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER This petition is filed by the petitioner/accused under Section 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent-police to release the petitioner on bail in the event of his arrest for the offences punishable under Sections 380 and 457 of IPC registered in respondent police station Crime No.198/2017.
2. The case of the prosecution is, on 9.7.2017 at about 9.30 a.m. the complaint came to be filed against unknown persons stating that on 9.7.2017 the complainant went to his shop in the morning, when he tried to open the lock, he saw that the lock of the shop had been cut using axel blade. When he opened the shop, he found that there was theft in his shop.
Immediately, he went to the police station and lodged the complaint against unknown persons, on the basis of which, initially, FIR was registered against unknown persons and during investigation, present petitioner has been arrayed as accused.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.
4. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record and also the order of the learned Sessions Judge, Kanakapura rejecting the bail application of the petitioner.
5. It is the contention of the learned counsel for the petitioner that the alleged articles which were stated to be stolen from the shop of the complainant have already been recovered and even the investigation is almost at the stage of completion. Therefore, by imposing reasonable conditions, petitioner may be enlarged on bail.
6. Per contra, learned High Court Government Pleader during the course of his arguments submitted that there is no recovery of the stolen articles. Hence, custodial interrogation of the petitioner is necessary and accordingly, submitted to reject the bail application.
7. The offences alleged are under Section 380 and 457 of IPC. The contention of the petitioner herein is that there is a false implication of the petitioner and he is ready to abide by any reasonable conditions to be imposed by the Court. Hence, I am of the opinion that petitioner can be admitted to anticipatory bail by imposing conditions and also directing him to appear before the investigation authority for the purpose of interrogation and further investigation in the matter.
8. Accordingly, petition is allowed. The respondent-police are directed to enlarge the petitioner on bail in the event of his arrest for the alleged offences punishable under Sections 380 and 457 of IPC registered in respondent police station Crime No.198/2017, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.50,000/- and shall furnish one solvent surety for the likesum to the satisfaction of the arresting authority.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall make himself available before the Investigating Officer for interrogation as and when called for and to cooperate with the further investigation.
iv. Petitioner shall appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond.
Sd/- JUDGE bkp