IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.1127/2019 BETWEEN:
Sri. Harish S/o Selvam Aged about 26 years R/at Veerasandra Village Electronic City Hobli Bengaluru – 560 100. ...Petitioner (By Sri. Pavan Kumar G., Advocate) AND:
State of Karnataka By Hebbagodi Police Station Represented by SPP High Court Building Bengaluru – 560 001. ... Respondent (By Sri. M. Divakar Maddur, HCGP) This Criminal Petition is filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioner on bail in the event of his arrest in Crime No.211/2017 of Hebbagodi Police Station, Bengaluru City for the offence punishable under Sections 399, 402 of Cr.P.C and under Section 98 of Karnataka Police Act, 1963.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner-accused No.3 under Section 438 of Cr.P.C. praying to release him on anticipatory bail in the event of his arrest in Crime No.211/2017 of Hebbagodi Police Station, Bengaluru District for the offences punishable under Sections 399, 402 of IPC and under Section 98 of Karnataka Police Act, 1963.
2. I have heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that on 23.05.2017 at about 1:15 a.m., the respondent-Police received a credible information that near Neotown, Hulimangala road, the accused persons were preparing to commit dacoity. Immediately, accused Nos. 1, 4, 5 and 7 were arrested and a mahazar was drawn and a case has been registered.
4. It is the submission of the learned counsel for petitioner that the petitioner-accused No.3 was not present at the place of the alleged incident. But the name of the petitioner-accused No.3 has been shown only on the basis of the voluntary statement of the co- accused. He further submitted that already accused Nos. 2 and 6 have been released on bail and the alleged offences are not punishable with death or imprisonment for life. Further he submitted that the petitioner- accused No.3 was not aware of the pendency of the case and as such, he has not appeared before the Court. The petitioner-accused No.3 is ready to co-operate with the investigation and face the trial. On these grounds, he prayed to allow the petition and to release the petitioner-accused No.3 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that since from the registration of the case, the petitioner-accused No.3 is absconding and absconding charge sheet has been filed. He further submitted that the petitioner- accused No.3 is involved in the alleged offence and if he is released on bail, he may again indulge in similar type of criminal activities and he may not be available for the trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by learned counsel for both the parties and perused the records.
7. On close reading of the complaint and other material it disclose that the accused persons have conspired to commit a dacoity. It is contended by the learned High Court Government Pleader that the petitioner-accused No.3 is absconding and as such, he is not entitled to be released on anticipatory bail. As per the decision of the Hon’ble Apex Court, if the accused- petitioner No.3 is declared as a proclaimed offender, then the provision under Section 438 of Cr.P.C cannot be exercised and he cannot be released on bail. The records disclose that he is absconding accused and absconding charge sheet has been filed. Whether, the accused persons have conspired to commit a dacoity, is a matter which has to be considered and appreciated only at the time of trial. The alleged offences are not punishable with death or imprisonment for life. I feel that by imposing some stringent conditions, if the petitioner-accused No.3 is released on bail, it is going to meet the ends of justice.
Keeping in view the above facts and circumstances of the case, criminal petition is allowed and the petitioner-accused No.3 is enlarged on anticipatory bail in Crime No.211/2017 of Hebbagodi Police Station, Bengaluru District for the offences punishable under Sections 399, 402 of IPC and under Section 98 of Karnataka Police Act, 1963, subject to the following conditions:
1. In the event of his arrest, the Investigating Agency is directed to enlarge him on bail on he executing a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) each with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. He shall surrender before the Investigating Agency within 15 days from today.
3. He shall not tamper with the prosecution evidence in any manner.
4. He shall mark his attendance once in a month between 10.00 a.m., to 5.00 p.m., before the concerned police station till the trial is concluded.
5. He should be regular in attending the Court.
6. He shall not leave the jurisdiction of the Court without prior permission.
7. He shall surrender before the Court where already absconding charge sheet has been filed immediately within 10 days from today.
Sd/- JUDGE RB