IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.8675/2017 BETWEEN:
Sri Jafar Sharief S/o Nawaza Sharief Aged about 24 years R/at Old Masjid Road Sarjapura Town and Hobli Anekal Taluk Bengaluru Rural District-562 160. ... PETITIONER (By Sri M B Ryakha, Adv.) AND:
The State Represented by Attibele Police Station Anekal Taluk Bengaluru Rural District-562 160.
Represented by High Court S.P.P. ...RESPONDENT (By Sri Chetan Desai, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in Cr. No.333/2016 of Attibele P.S., Bengaluru District for the offences P/U/Ss 380 and 457 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER This petition is filed by the petitioner/accused No.4 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 380 and 457 of IPC registered in respondent – police station Crime No.333/2016.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused No.4 and also the learned High Court Government Pleader appearing for the respondent-State.
3. As per the prosecution case, on 13.10.2016 at about 1.00 p.m. the complainant by name Smt.Gowramma gave the complaint stating that she was having 20 goats. During night she heard screaming noise of goats and when she went there and saw, she noticed that some unknown persons got entry into the cattleshed and had taken away 7 goats out of 20 goats. On the basis of the said complaint, case was registered for the alleged offences initially against unknown persons and during the course of investigation, present petitioner has been arrayed as accused No.4.
4. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record.
5. Looking to the prosecution material it is seen that in the original complaint the complainant has stated that unknown persons by entering into the said shed during night had taken away 7 goats. But in her further statement she has stated that 10 goats are taken away out of 20 goats. In the first complaint it is her contention that after hearing screaming noise of goats she woke up and came out of house and saw some unknown persons taking away the goats. But in the further statement it is stated that somebody after taking away the goats had put lock to the house so she was not in a position to come out of the house. There is no consistency in the case of the prosecution.
6. The petitioner has contended in the petition that he is innocent and not committed the alleged offences and there is a false implication of the petitioner. He is ready to abide by any reasonable conditions to be imposed by this Court. The alleged offences are triable by the Magistrate Court and are not exclusively punishable with death or imprisonment for life. This Court, considering the merits of the case has already granted bail to accused Nos.5 and 7. Now the investigation is completed and charge sheet is also filed and the matter is pending in C.C.No.1602/2017.
Hence, I am of the opinion that petitioner can be granted with bail.
7. Accordingly, petition is allowed.
Petitioner/accused No.4 is ordered to be released on bail for the offences punishable under Sections 380 and 457 of IPC registered in respondent – police station Crime No.333/2016, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.50,000/- and furnish one surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall appear before the concerned Court regularly.
Sd/- JUDGE bkp