IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO. 5094/2017 Between:
Sri. Ashwin @ Ashwin Kumar S/o Amruth Bhai Aged about 40 years Money Transfer Business Resident of No.8, B.R. Lane 3rd Floor, Kumbharpet S.P.Road, Bengaluru-560 001. (By Sri. Chethan.B, Advocate) And The State of Karnataka Represented by Amruthuru Police Kunigal – 572 130.
Tumkur District. Rep. By SPP High Court of Karnataka Bengaluru- 560 001.
…Petitioner …Respondent (By Sri Chetan Desai, HCGP) This criminal petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.17/2017 of Amruthuru Police Station, Tumukuru District for the offences p/u/s 395, 363 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
2. The petitioner (accused No.2) along with co- accused is chargesheeted by the respondent-police in respect of the offences punishable under sections 395, 365 r/w 149 of IPC.
3. The allegations is, this petitioner employed under the complainant, gave information about movement of money by CW-2-Keerthikumar pertaining to Arecanut business belonging to the complainant; the accused Nos.1, 3, 4, 6 and 7 followed the KSRTC Bus in which CW-2 was traveling and abducted him when the bus had stopped on the way; they extracted Rs.22,03,000/- cash amount and two mobile phones and abandoned him and Rs.6,00,000/- was seized from the possession of the accused Nos.1 to 4, etc.
4. Sri. Chetan.B., learned counsel for the petitioner submits that Rs.2,00,000/- personal money belonging to this petitioner was seized by the I.O, in the police station. He will undertake to appear before the Court on all the hearing dates and ready to abide the conditions that may be imposed on him.
5. Since the investigation is complete, having regard to the nature of the allegations, there is no impediment to allow the petition.
Petition is allowed. Petitioner is enlarged on bail in connection with Crime No.17/2017 registered by the respondent Police, subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one local surety for the likesum to the satisfaction of the concerned Court;
(ii) He shall attend the Court regularly on all hearing dates;
(iii) He shall mark his attendance before SHO of the respondent-police station on every alternate Sundays till conclusion of the trial;
(iv) He shall not prevail upon or threaten the prosecution witnesses.
Sd/- JUDGE DL