IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.9613 OF 2018 BETWEEN:
Sri.Keshavan @ Boss, S/o.Hullaganadhan, Aged about 35 years, R/at D.No.3/4, Kadaturu, Agaraharamo Village, Cennaseragapatti Post, Attiyamopatti P.S., Selam Taluk and District, Tamilnadu State-636 001. ...Petitioner (By Smt. Bharathi Wadekar, Advocate for Sri. B.V.Pinto, Advocate) AND:
State by Suryanagar Police, Anekal Taluk, Represented by Special Public Prosecutor, High Court of Karnataka, Bengaluru-560 001. ... Respondent (By Sri.M.Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.180/2018 (C.C.No.1108/2018) of Suryanagar Police Station, Bengaluru District for the offence punishable under Section 397 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent.
2. The present petition has been filed by the petitioner-accused No.1 under Section 439 of Cr.P.C., to enlarge him on bail in Crime No.180/2018 of Suryanagar Police Station, Bengaluru District for the offence punishable under Section 397 of IPC.
3. The genesis of the case of the complaint indicates that the complaint came to be registered on 02.05.2018 alleging that on 02.05.2018 at about 8.30 p.m., the complainant and his mother were sitting in the ground floor by watching TV and after the dinner they slept in the room. At about 9.15 p.m., mother of the complainant shouted, on hearing her, complainant and his brother came to the spot and saw three unknown persons standing near the door by wearing hand gloves holding a knife. By seeing them, accused persons ran away. Then, he noticed that his father had been stabbed with knife by one person and another person by holding a knife on his mother’s neck threatened her from shouting. At that time, complainant and his brother came forward to rescue their parents and sustained injuries on their hand, leg and thigh respectively. Thereafter, he shifted his parents to the hospital. When enquired with his father, he explained that at about 9.15 p.m. he opened the door by bringing milk. At that time, five persons entered inside the house and robbed gold chain, two mobiles and they have committed dacoity. On the basis of the complaint, case was registered in the above crime number.
4. It is the submission of the learned counsel for the petitioner-accused No.1 that the name of the petitioner-accused No.1 was not shown in the complaint. Though other accused persons have been apprehended on the spot, there is no recovery at the instance of the accused and there is no prime-facie case as against the petitioner-accused. She submits that earlier bail application filed by the petitioner-accused No.1 was dismissed by this Court on the ground that many more cases are filed as against the petitioner- accused No.1. The learned counsel for the petitioner- accused further submitted that in the said case, the petitioner-accused No.1 has been acquitted by judgment dated 19.09.2018 and 13.02.2019 respectively and in one case, petitioner-accused No.1 has been convicted for a period of six months simple imprisonment. But the said period is also over. There are no criminal bad incidents as against petitioner-accused No.1. He is ready to abide by the conditions imposed by this Court and ready to offer sureties. On these grounds, she prays to allow the petition and to release the petitioner- accused No.1 on bail.
5. Per contra, the learned HCGP vehemently argued and submitted that the blood stained iron rod, three knives, chopper, 3 mobiles, gold chain have been seized from the possession of the petitioner-accused. Earlier bail application has been dismissed on merits. No new grounds have been made out. The petitioner- accused is a habitual offender and if he is released on bail, he may likely to involve in similar type of criminal activities. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the petitioner-accused No.1, the learned HCGP and perused the records. By going through the complaint and other materials, it is clear that the name of the petitioner-
accused is not disclosed. Earlier, petitioner-accused No.1 has approached this Court in Crl.P.No.5283/2018 and this Court by order dated 26.09.2018 dismissed the petition on the ground that many more cases are filed as against him.
7. Today, the learned counsel for the petitioner- accused has produced xerox copies of the judgment passed in S.C.No.179/2018 and another case in Cr.No.551/2016. In Summary Trial Case No.90/2017, the petitioner-accused has been acquitted and in Summary Trial Case No.51/2017, he was convicted only for six months simple imprisonment.
8. In the said facts and circumstances, as the alleged offences are not punishable with death or imprisonment for life. I feel that if by imposing some stringent conditions, if the petitioner-accused is enlarged on bail, it will meet the ends of justice.
9. In that light of the discussion, the criminal petition is allowed and petitioner-accused No.1 is enlarged on bail in Crime No.180/2018 of Suryanagar Police Station, Bengaluru District for the offence punishable under Section 397 of IPC subject to the following conditions:
1. Appellant-accused shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not tamper the prosecution evidence.
3. He shall not again involve in similar type of criminal activities. If he do so, the Court below is at liberty to cancel the bail application filed by the respondent- police.
4. He shall not leave the jurisdiction of the Court without prior permission.
5. He shall mark attendance once in a month i.e. on first of every month between 10.00 A.M. and 5.00 A.M. before the jurisdictional police till the trial is concluded.
Sd/- JUDGE SSD