IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2017 BEFORE THE HON’BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION No.4506 OF 2017 Between:
Sri. K.K. Dharma, S/o Kallegowda, Aged about 23 years, R/at Kudlur Village, Besur Post, Kodlipete Hobli, Somawarpete Taluk, Kodagu District-571 231. ... Petitioner (By Sri. Puttaraja. C.P, Advocate) And:
The State of Karnataka, By Kudoor Police Station, Ramanagara District.
Represented by Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001. ... Respondent (By Sri. Chetan Desai, HCGP) This Criminal Petition is filed u/s 439 Cr.P.C praying to enlarge the petitioner on bail in Cr.
No.148/2017 of Kudur P.S, Ramanagara District, for the offence P/U/S 399 and 402 of IPC.
This criminal petition coming on for Orders this day, the Court passed the following:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent.
2. The petitioner is in judicial custody since 01.05.2017 in Crime No. 148/2017 registered by the respondent police in respect of offences punishable under Sections 399 and 402 of IPC. He is shown as accused No.1. The allegation is the petitioner along with four others armed with weapons and chilly powder was waiting to loot the pedestrians/vehicles on the road. The petitioner and two others were apprehended at the spot with weapons.
3. The prosecution since, is not attributing criminal antecedents to the petitioner and investigation having been complete, having regard to the nature of the allegation, there is no impediment to allow the petition.
4. Accordingly, petition is allowed. Petitioner is enlarged on bail in Crime No.148/2017 registered by the respondent-Police subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with one local surety for the likesum.
(ii) He shall mark his attendance before the respondent investigating officer on every Tuesday during the office hours till filing of the charge sheet or for another three months which is earlier.
(iii) He shall not indulge in any illegal activities.
LL/DN Sd/- JUDGE