IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K N PHANEENDRA CRIMINAL PETITION NO.5810 OF 2019 BETWEEN:
1. SRI BASAVARAJA, AGED ABOUT 30 YEARS, S/O NAGAPPA HULLAHALLI, R/O HARAGAVALLI VILLAGE, SHIKARIPURA TALUK -577427, SHIVAMOGGA DISTRICT.
2. SRI RAVIKUMAR T, AGED ABOUT 36 YEARS, S/O THIPPESHAPPA, R/O HARAGAVALLI VILLAGE, SHIKARIPURA TALUK – 577427, SHIVAMOGGA DISTRICT. ...PETITIONERS (BY SRI PRABHAKARA LAXMANA SHETTY, ADVOCATE) AND:
THE STATE OF KARNATAKA, BY HONNALI POLICE STATION, HONNALI HO, HONNALI – 577217, DAVANAGERE DISTRICT, REP. BY SPP, HIGH COURT BUILDING, BENGALURU-560001. …RESPONDENT (BY SRI ROHITH B J, HCGP) **** THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF THE CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.110/2019 OF HONNALI POLICE STATION, DAVANAGERE FOR THE OFFENCE P/U/S 379 OF IPC. THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE HAS DISMISSED THE BAIL PETITION ON 28.06.2019 IN CRL.MISC.NO.704/2019.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard and perused the records.
2. The petitioners are arraigned as accused Nos.1 and 2 in Crime No.110/2019 of Honnali Police Station for the offence under Section 379 of the Indian Penal Code.
3. The complainant by name Rangappa lodged a complaint on 10.05.2019 stating that he has parked his tractor and trailer near his landed property situated in the outskirts of his village Hiregonigere in Honnali taluk. The same was subjected to theft on 31.3.2019. Immediately he searched for trailer at various places. As he could not able to trace the same he lodged the complaint on 01.04.2019. The record also discloses that on 13.5.2019 the police have arrested the petitioners in connection with Crime No.81/2019 for the offence under Section 41(D), 102 of Cr.P.C. read with Section 379 and they discloses that in their voluntary statement they have stated about the commission of the offence in connection of this case. The police have interrogated the petitioners and recovered the said tractor trailer from the accused persons in connection with this particular case. The body warrant was sought for production of the accused persons before the Court in the said case. The accused persons were already released on bail.
4. Under the above said facts and circumstances, the offence under Section 379 of IPC is not punishable either with death or imprisonment for life and further added to that an expeditious investigation has already been done in connection with some other case with reference to the allegations made in this case. Under the above said circumstances, the petitioners have made out a good ground for grant of bail. Hence the following – ORDER The petition is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.110/2019 of Honnali Police Station, subject to the following conditions:-
i) The petitioners shall surrender themselves before the jurisdictional Court within ten days from the date of receipt of a certified copy of this order and shall execute personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the like-sum to the satisfaction of the concerned jurisdictional Court.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
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