IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15th DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.1198/2019 BETWEEN:
1. Sri Arun S/o. Nanjundappa Aged about 25 years R/at Near Maramma Temple Jigani Main Road Jigani Village Anekal Taluk Bengaluru District PIN – 560 105.
2. Sri Ganesh S/o. Late Venkatappa Aged about 23 years R/at Aduru Village Kasaba Hobli Anekal Taluk Bengaluru District PIN – 560 105.
3. Sri Chandrashekar S/o. Venkataramanappa @ Muniyappa Aged about 29 years R/at Chinnaiahanapalya Village, Kasaba Hobli Anekal Taluk Bengaluru District PIN – 560 105.
4. Sri Suresh S/o. Gurmurthy Aged about 23 years R/at Chinnaiahanapalya Village, Kasaba Hobli Anekal Taluk Bengaluru District PIN – 560 105. ...Petitioners (By Sri R.V. Shivananda Reddy, Advocate) AND:
State of Karnataka Jigani Police, Bengaluru Reptd. by State 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 petitioners on bail in Cr.No.7/2019 of Jigani Police Station, Bengaluru City for the offence punishable under Section 395 of IPC.
This Criminal petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioners/accused Nos.1 to 4 under Section 439 of Cr.P.C. seeking their release on bail in Crime No.7/2019 of Jigani Police Station for the offence punishable under Section 395 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that:
The complainant doing a agriculture work and on 01.11.2018, the complainant and his friends gathered at about 6.00 p.m and thereafter they have purchased alcohol and consumed it by sitting near water tank. At that time, at about 7.30 p.m seven unknown persons came by four motorbikes by showing long, chopper and club threatened them and snatched the money, one Vivo phone, one Carbon phone and one motorcycle bearing registration No.KA-51-W-3518 and they also warned and threatened with life. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioners that petitioners/accused Nos.1 to 4 are innocents and they have been falsely implicated in the instant case. He further submitted that the petitioners have been apprehended in Crime No.5/2019 under Sections 399 and 402 of IPC. Thereafter, a false complaint has been filed by the complainant and a case has been registered on 10.01.2019 i.e., after 2 months 18 days of the alleged offence. It is further submitted by the learned counsel that if really, the alleged incident has taken place as contended by the complainant, the complaint would have been filed immediately after the alleged crime. He further submitted that no recovery has been made at the instance of the petitioners/accused. He further submitted that the alleged offences are not punishable with death or imprisonment for life and the petitioners are ready to abide by any of the conditions imposed by this Court and ready to offer surety. On these grounds, he prays to allow the petition and to release the petitioners/accused Nos.1 to 4 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that there is sufficient materials to show that the petitioners/accused have been involved in serious offence of having committed dacoity. He further submits that because of threat given by the petitioners, a complaint has not been registered. He further submits that the petitioners have involved in many more cases. If they released on bail, they may indulge in similar type of criminal activities and may not be available for trial. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submission made by the learned counsel for the parties and perused the records.
7. On close reading the contents of the complaint it is seen that the alleged incident has taken place on 01.11.2018 and the complaint has been registered on 10.01.2019. Hence, there is delay of 2 months 18 days in filing the complaint. As could be seen from the record, it indicates that the petitioners/accused Nos.1 to 4 have been apprehended in Crime No.5/2019 of Jigani Police Station and thereafter, the present case has been registered. So it depicts that after apprehension of the petitioners, the present complaint has been registered. The alleged offences are not punishable with death or imprisonment for life. Though it is contended that the petitioners have involved in many more cases, the prosecution has not produced any material to substantiate the said fact. Under such circumstances, I feel that by imposing some stringent conditions, if they are released on bail, it would meet the ends of justice. In that light, petition is allowed.
8. Petitioners/accused Nos.1 to 4 are enlarged on bail in Crime No.7/2019 of Jigani Police Station for the offence punishable under Section 395 of IPC subject to the following conditions:
1. Petitioners/accused Nos.1 to 4 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakh only) each with two sureties for the likesum to the satisfaction of the trial Court.
2. They shall not leave the jurisdiction of the Court without prior permission.
3. They shall mark their attendance once in a month on every 1st till the trial is concluded.
4. They shall not tamper with the prosecution evidence directly or indirectly.
5. They shall not indulge in similar type of activities.
Sd/- JUDGE nms