IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.7606/2019 BETWEEN 1. SRI. HASEENAR @ ACCHU S/O P.E.YOUSUF AGED ABOUT 27 YEARS R/AT: KUNJALA VILLAGE KAKKABBE POST, NAPOKLU MADIKERI TALUK KODAGU DISTRICT – 577 231 2. SRI. SIDDIK @ SIDDI S/O K.M. ABDULLA AGED ABOUT 33 YEARS R/AT: YEMMEMADU VILLAGE NAPOKLU, MADIKERI TALUK KODAGU DISTRICT – 577 231 (BY SRI. LETHIF B, ADVOCATE) AND ... PETITIONERS THE STATE OF KARNATAKA BY NAPOKLU POLICE STATION KODAGU DISTRICT REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B.J, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.64/2019 REGISTERED BY NAPOKLU POLICE STATION, KODAGU FOR THE OFFENCE P/U/Ss. 120B, 328, 384 AND 395 R/W 149 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 HCGP for the Respondent –State. Perused the records.
2. The petitioners are arraigned as Accused Nos.3 & 4 in Crime No. 64/2019 of Napoklu Police Station, Kodagu District, registered for the offences punishable under Sections 120(B), 328, 384 and 395 r/w. Section 149 of IPC, now pending before the Court of Addl. Civil Judge (Jr.Dn.) & JMFC at Madikeri, Kodagu District.
3. The brief facts of the case are that, one Mr.
Gafoor N.A., resident of Emmemadu Village, lodged a complaint stating that, he was constructing a house in Emmemadu Village and for the purpose of construction of a house, he wanted to purchase some Electrical Equipments. In that context, on 06.08.2019 when he was in Napoklu to go to Madikeri, one M.M. Karim and Azaruddin of Napoklu Village, enquired him as to where he is going. For that, the complainant told that he need some electrical items, therefore, he is going to Madikeri to purchase the same. Then, M.M. Karim told that, he will get him electrical items at reasonable rates and he asked the complainant whether he is having cash and ATM Card, so that they can immediately go to Mysuru. In that context, along with the said Karim and Azaruddin he went towards Mysuru in the black colour car bearing No.KA.12-MA.6134 belonged to said Karim and on the way near Kushalanagara, one girl, who is stated to be the friend of Karim, accompanied them. In the night hours, they stayed in a home stay. On that particular night between 12.30 and 1.00 hours, about 6 to 7 persons came inside the room of the home stay, where the complainant was staying, stating that they are Police from Crime Brach and except one person all other were covered their faces with mask and they robbed Rs.60,000/- and Rs.55,000/- worth Dubai currency from the complainant and they have also taken the photograph of the complainant and the girl friend of Karim, who stated to have accompanied them and went away from the spot.
4. The main allegations are against Accused No. 1-Karim and Accused No.2-Azaruddin, who took the complainant along with them. These petitioners are Accused Nos.3 & 4, who alleged to have accompanied along with other persons, who robbed the money. It is stated that the petitioners were arrested and sent to judicial custody. It appears, no Identification Parade has been conducted. Further added to that, it is submitted that these petitioners were arrested specifically on the basis of the voluntary statement of the other accused persons and it is also contended by the learned counsel that there is a delay of 39 days in lodging the complaint by the complainant.
5. In the above said facts and circumstances, the petitioners in my opinion are entitled to be enlarged on bail, as their interrogation has already been done and they were in judicial custody since the date of their arrest, and as such, they are no more required for further investigation. Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioners-1 & 2 (A3 & A4) shall be released on bail in connection with Crime No.64/2019 of Napoklu Police Station for the offence punishable under Sections 120(B), 328, 384 and 395 r/w. 149 of IPC, which is now pending before the Court of Additional Civil Judge (Jr.Dn.) & JMFC at Madikeri, Kodagu District, subject to the following conditions:
(i) The petitioners (A3 & A4) shall execute their personal bonds for a sum of Rs.1,00,000/- each (Rupees one lakh only) with two solvent sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioners shall not tamper the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against him is disposed of.
v) The petitioners shall mark their attendance once in a week ie., on every Sunday between 10.00 am and 5.00 p.m., till filing of the charge sheet or for a period of two months, whichever is earlier.
KGR* Sd/-
JUDGE