IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6116/2019 BETWEEN:
Sri Lakshminarayana @ Babu S/o Venkataramanappa Aged about 28 years R/at Shanthipura Govindashettypalya Electronic City Bengaluru 560 203 Permanently R/at I.D.Halli Chowlahalli Thadi Madhugiri Taluk Tumakuru (By Sri Sunil Kumar B N, Advocate) AND:
State by Kyathasandra Police Station Tumakuru Town Tumakuru District Represented by SPP High Court of Karnataka Bengaluru – 560 001 (By Sri Rohith B J, HCGP) …Petitioner …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.125/2019 of Kyathasandra Police Station, Tumakuru for the offence punishable under Section 399 and 402 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 learned HCGP for the respondent-State. Perused the records.
2. The petitioner is arraigned as accused No.1 in Crime No.125/2019 of Kyathasandra Police Station, Tumakuru for the offence punishable under Section 399 and 402 of IPC.
3. The allegations are that on 15.07.2019, after receiving credible information the respondent-police had been to Sanjay Nagara Truck Terminal and found 4-5 persons hiding themselves in order to prepare themselves to commit dacoity. On that suspicion the police have arrested the petitioner and others and recovered some incriminating articles like knives, clubs, etc.
4. Looking to the above said circumstances, only on the basis of suspicion it is stated that the petitioner and others have joined together for the purpose of committing dacoity, a case has been registered. The entire case is based on the statements of the police personnel. The same has to be proved during the course of trial beyond reasonable doubt that they have actually gathered there for the purpose of committing dacoity. In the above said circumstances, at this stage the suspicion will not take the place of proof. Hence the following:
O R D E R The Petition is allowed. Consequently, the petitioner/accused No.1 shall be released on bail in Cr.No.125/2019 of Kyathasandra Police Station, Tumakuru for the offence punishable under Section 399 and 402 of IPC, subject to the following conditions:
i. The petitioner shall execute a personal bond for a sum of R.1,00,000/-(One Lakh only) with two solvent sureties for the like-sum to the satisfaction of the jurisdictional Court.
ii. The petitioner shall not indulge in tampering the prosecution witnesses.
iii. The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
iv. The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
v. The petitioner shall mark his attendance once in fifteen days i.e., on any Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Kmv/-
Sd/- JUDGE