IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.4745/2019 BETWEEN:
1. SRI. DEVARAJU, S/O SRI. CHANDRAPPA, AGED ABOUT 22 YELARS, R/AT THAREMARADHAPALYA, HUTHRIDURGA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT - 572 130.
2. SRI RAGHU H. S., S/O SRI. SHIVARAMAIAH, AGED ABOUT 20 YEARS, R/AT HALUVAGILU VILLAGE, HUTHRIDURGA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT – 572 130.
3. SRI. DINESH @ SRINIVAS, S/O SRI. NARAYANA, AGED ABOUT 22 YEARS, R/AT THAREMARADHAPALYA, HUTHRIDURGA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT - 572 130.
(BY SRI. SHIVASHANKARA Y. D., ADV.) AND:
THE STATE OF KARNATAKA, BY MAGADI POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001.
(BY SRI. K. P. YOGANNA, HCGP) ... PETITIONERS ... RESPONDENT THIS CRIMINAL PETITION IS FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.16/2017 OF MAGADI POLICE STATION, RAMANAGARA FOR THE OFFENCE P/U/S.392, 323 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent – State. Perused the records.
2. Police have registered a case against two unknown persons initially in Crime No.16/2017 under Sections 323 and 392 IPC on the allegation that on 03.02.2017 the complainant by name Smt.Jayamma had been to her landed property to graze the cattle and when she was returning at about 5.30 p.m., two persons came wearing caps covering their faces and snatched the neck chain of the complainant, one person caught hold the said lady and another person snatched the gold chain and thereafter, they ran away from the spot. In fact, the accused persons were arrested in connection with Crime No.240/2017 for the offence punishable under Sections 399 and 402 IPC on the ground that they were suspected to be gathered on 11.06.2017 for the purpose of committing dacoity. After arresting the accused petitioners, police came to know about Crime No.16/2017 and recovered a gold chain and other articles from the accused persons like knife, chilly powder packet, iron rod, club and a tata indica car.
3. It appears that accused were already arrested and identification has already been done and the gold chain appears to have been identified by the said lady. During the course of evidence, prosecution has to prove that petitioners is also involved in the said incident because it is stated that accused persons had closed their faces with caps.
4. Looking from the above said facts and circumstances of the case, I am of the opinion that petitioners are entitled to be enlarged on bail on stringent conditions so far as this crime is concerned as they were already arrested and statement of the victim in this case is also recorded and she identified the petitioners in Crime No.240/2017. Hence, the following:
ORDER The petition is allowed. The petitioners (accused Nos.1 to 3) shall be released on bail in connection with Crime No.16/2017 of Magadi Police Station in C.C.No.866/2018 on the file of the Principal Civil Judge (Jr.Dn.) and JMFC., Magadi registered against them for the offences under Sections 392 and 323 IPC, subject to the following conditions:
1. The petitioners shall execute their personal bonds for a sum of `1,00,000/- with two sureties each for the like sum to the satisfaction of the jurisdiction court.
2. The petitioners shall not in any manner indulge in hampering the investigation, they should appear before the investigation officer as and when required for the purpose of further investigation, if any.
3. The petitioners shall not in any manner directly or indirectly, indulge in threatening or tampering the prosecution witnesses.
4. The petitioners shall not indulge in further committing or repeating any such offences or indulge in any criminal activities.
5. The petitioners shall mark their attendance once in fifteen days, on any Sunday between 10 a.m. and 6 p.m. before the Investigation Officer for a period of two months.
6. The petitioners shall not leave the jurisdiction of the committal or trial court without prior permission of the concerned court till the case registered against them is disposed off.
It is made clear that if any of the conditions stipulated above are violated; state is at liberty to move for cancellation of bail before the concerned committal or trial court as the case may be.
Sd/-
JUDGE PKS