IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.3231/2019 BETWEEN:
Sri Baiyappa S/o Arunachalam Aged about 43 years R/at No.U-54, 3rd Cross Swatanthrapalya Srirampura, Bengaluru-560021 (By Sri Prakasha K V, Advocate) AND:
State of Karnataka by Kengeri Police Station Bengaluru Represented by the Special Public Prosecutor High Court of Karnataka Bengaluru – 560 001 (By Sri Honnappa, HCGP) …Petitioner …Respondent This Criminal Petition is filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.212/2017 of Kengeri Police Station, Bengaluru City for the offence punishable under Section 397 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 HCGP for the respondent-State. Perused the records.
2. The brief allegations are that, on 28.12.2016, accused Nos.1 to 6 offered CW-1 to exchange some demonetized currency notes and after procuring them by wielding Chopper and dummy revolver, they were threatened CW-1 and took photograph of the complainant and extorted demonetized currency notes worth Rs.3,80,00,000/- (Three Crore Eighty Lakhs only). The complainant immediately has not lodged any complaint. However, after the raid conducted on the residence of first accused, on looking to the TV, the complaint came to be lodged by the complainant on 20.05.2017, after long delay.
3. It is seen that the other accused persons have already been arrested and released on bail. The recovery has already been made from the custody of the accused Nos.1 and 2. Therefore, looking to the above said facts and circumstances, the petitioner is entitled to be enlarged on bail on stringent conditions. Hence the following:
ORDER The petition is allowed. Consequently, the petitioner (accused No.5) shall be released on bail in the event of his arrest in connection with Crime No.212/2017 of Kengeri police station, Bengaluru for the alleged offences subject to the following conditions:-
i. The petitioner shall surrender himself before the jurisdictional Court within Ten days from the date of receipt of a certified copy of this order and shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
ii. The petitioner shall not indulge in hampering in investigation or tampering the prosecution witnesses.
iii. The petitioner shall appear before the jurisdictional court on all the 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 of the court till the case registered against him is disposed of.
v. The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 p.m., before the Investigating Officer for a period of two months for any further investigation in this regard.
Kmv/-
Sd/- JUDGE