IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MARCH, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.2084 OF 2017 BETWEEN:
1. Sri Chandrahas Shetty @ Chandu S/o Late Sesappa Shetty Aged about 36 years R/at G.G.Shet Compound Residing near Kordabbu Temple Kottara Derebail Village Mangalore D.K. 575 002 2. Rakshith @ Kori Rakshith S/o Shashidhar Aged about 20 years Kampa House Panchalingeshwara Temple Chilimbi, Mangalore D.K. 575 001 ... Petitioners (By Sri Nishit Kumar Shetty, Advocate) AND:
State of Karnataka By SHO, Urva Police Station D.K.Mangalore Represented by State Public Prosecutor High Court Building Bangalore - 560 001 ... Respondent (By Sri K.Nageshwarappa, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.168/2016 OF URVA POLICE STATION, MANGALOORU CITY, FOR THE OFFENCE P/U/S 120B, 399 AND 402 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners/accused Nos.1 and 2 along with accused Nos.3 to 5 are charge sheeted by the respondent-Police in their Crime No.168/2016 dated 10.10.2016 for the offences punishable under Sections 120B, 399 and 402 of IPC.
2. The allegation is, during the early hours of 10.10.2016, the accused persons were prepared to commit dacoity. They were armed with lethal weapons, chilli powder and a Maruti car. One of the accused was caught by the respondent-Police and other escaped from the spot. The co-accused is enlarged on bail. Since the charge sheet is filed, there is no impediment to enlarge the petitioners on bail.
3. Accordingly, petition is allowed. Petitioners are enlarged on bail in Crime No.168/2016 registered by the respondent-Police, subject to following conditions:
(i) They shall execute a self bond for a sum of Rs.1,00,000/- each with one local surety for the likesum to the satisfaction of the concerned Court.
(ii) The sureties shall furnish their original identity Card/Aadhar Card and original title deed pertaining to their immovable property for perusal of the Court;
(iii) The sureties shall not have the previous history of offering surety to the accused persons in any other criminal case/s.
Sd/- JUDGE KMV*