IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17th DAY OF OCTOBER 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.7618/2017 BETWEEN:
Sri.Ayush Yadav S/o Late Subhash Yadav Aged about 30 years R/o No.30B, Sadananda Nagar Airva Kanpur-208 007. …PETITIONER (BY SRI STANLY SAM, ADV.) AND:
State by Sheshadripuram PS Represented by State Public Prosecutor High Court Building Bangalore-560 001. ...RESPONDENT (BY SRI S VISHWAMURTHY, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.76/2017 OF SESHADRIPURAM POLICE STATION, BANGALORE FOR THE OFFENCE P/U/S 420 R/W 34 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 appearing for the petitioner/accused and the learned High Court Government Pleader appearing for the respondent-State.
2. The petitioner is in judicial custody in Cr.No.76/2017 registered by the respondent-police. During the pendency of the petition, charge sheet is submitted to the Court in respect of the offence under section 420 r/w section 34 of IPC.
3. The allegation is, the petitioner along with the absconding accused, between 29.6.2017 and 3.7.2017, extorted cash amount to a tune of Rs.2,06,000/- from the ATM machine. The complaint is lodged on behalf of Emphasis Company which is in charge of maintenance and security of ATM machines pertaining to 23 banks. Similar complaint is lodged against the petitioner before the Srirampura, Halasurgate and Rajajinagar police stations. He is arrested in the present case and produced under body warrant in other cases. During the course of investigation, Rs.1 lakh is recovered at the instance of this petitioner by the Investigating Officer.
4. Learned counsel for the petitioner submits, except a CCTV footage, no other evidence is collected by the Investigating Officer connecting him to the alleged offence. He is a student from Kanpur and had come to Bangalore in search of employment.
5. In the given circumstance, there is no impediment to allow the petition.
The petition is allowed. Petitioner is enlarged on bail in Crime No.76/2017 of respondent-police, subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.1,00,000/- with one local surety for the likesum, preferably any relative of the petitioner at Bengaluru, to the satisfaction of the concerned Court.
The surety shall not have the antecedents of offering surety in criminal cases and produce his Aadhar/Identity Card and also original title deeds.
(ii) He shall attend the court regularly on all the hearing dates.
(iii) He shall furnish his contact numbers, E-mail address and residential address to the Investigating Officer and shall not leave Bengaluru without furnishing the above details.
In the event of violation of any of the above conditions, that entitles the Investigating Officer to seek for cancellation of bail.
Sd/- JUDGE Dvr: