IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.6863 OF 2018 Between:
Sri. Lokesh @ Loki, S/o. Sri. Rangaswamy, Aged about 23 years, Residing Near Nisarga School, Near 8th Mile Stone, Nelagadrahalli, Bengaluru City, Native at Bojappana Camp Village, Nidhige Hobli, Shivamogga District – 577 201.
Shivamogga. … Petitioner (By Sri. B.S.Reddy, Advocate) And:
State of Karnataka, By Tumakuru Rural Police, Represented by SPP High Court of Karnataka, Bengaluru – 560 001.
(By Smt. Namitha Mahesh, Advocate) ...Respondent This Criminal Petition is filed under Section 439 of Criminal Procedure Code praying to enlarge the petitioner on bail Crime No.254/2017 (S.C.No.44/2018) of Tumkur Rural Police station, Tumakuru District for the offence punishable under Section 397 of IPC and etc., This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner-accused No.4 under Section 439 of Cr.P.C. praying this Court to release him on bail in Crime No.254/2017 of Tumkur Rural Police Station for the offence punishable under Section 394 of IPC.
2. I have heard the learned counsel for petitioner and the learned High Court Government Pleader for the respondent-State.
3. The gist of the complaint is that the complainant was working as a driver in lorry bearing registration No.KA-16-B-9083. On 25.10.2017, he came from Bellary to Bengaluru by loading the rice in the said lorry and after unloading the same in the RMC yard, on 26.10.2017 at about 11.00 a.m., he left Bengaluru by taking the parcel at Kalasipalya and proceeded towards Bellary. While they were proceeding near Dabaspetat, at about 11.30 p.m., he stopped his vehicle to have his dinner and while proceeding ahead, he stopped his vehicle at about 1.00 a.m. near Oorukere at Tumkuru to check the tire along with the cleaner, at that time two persons got into the lorry and caught hold of them and assaulted them and showed the knife and threatened them, searched the lorry and demanded them to pay the amount and snatched an amount of Rs.2,600/- from his left pocket and Rs.14,450/- from his right pocket and also took Samsung mobile from his cleaner. A person who was sitting on bike alerted that the police were coming and they fled away from that place. On the basis of the said complaint, a case was registered.
4. It is submitted by the learned counsel for the petitioner that already the investigation has been completed and charge sheet has been filed. The petitioner-accused is not required for the purpose of further investigation or interrogation. He further submitted that no incriminating material has been collected from accused No.4. Only on the basis of the voluntary statement of the other accused persons, present petitioner-accused has been apprehended. He further submitted that no articles have been seized from the possession of the petitioner-accused No.4.
5. It is the submission of learned counsel for the petitioner that the alleged offences are not punishable with death or imprisonment for life. He further submitted that three more cases have been registered against the petitioner-accused but out of them, two cases were under Section 379 of IPC and the same have been got compromised in the Lok Adalath. Now only one case is pending and as such he is not a habitual offender. He is ready to abide by any of the terms and conditions that may be imposed by this Court and to offer sureties, if he is released on bail. On these grounds, he prays to allow the petition.
6. Per contra learned High Court Government Pleader vehemently argued and submitted that the petitioner-accused is involved in three cases and he is a habitual offender. If the petitioner-accused is enlarged on bail, he may indulge in similar type of criminal activities. She further submitted that the petitioner- accused is required for the purpose of trial and there are no good grounds made out to release the petitioner- accused on bail. On these grounds, she prayed to dismiss the petition.
7. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for both the parties and perused the records.
8. On close reading of the said contents and other material, it is alleged that the accused-petitioner along with other person entered into a lorry and threatened the driver and cleaner and snatched an amount of Rs.2,600/- and also Rs.14,450/- along with a Samsung mobile that is the matter which has to be considered only at the time of trial. No recovery has been made from the possession of the accused- petitioner and no incriminating material is forth coming from the records. It is contended by the learned High Court Government Pleader that several cases have been registered against the petitioner-accused. Two cases have been already compromised and only one case is pending. Under such circumstances, if the accused petitioner is released on bail, it is going to meet the ends of justice. In the light of the above, the petition is allowed and accused No.4 is ordered to be released on bail in Crime No.254/2017 of Tumkur Police station, for the offence punishable under Section 394 of IPC, subject to following conditions:
1. He 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 be regular in attending the trial.
3. He shall not leave the jurisdiction of the Court without prior permission.
4. He shall not indulge in similar type of criminal activities.
5. He shall mark his attendance on the first date of every month between 10.00 a.m., to 5.00 p.m., till the trial is concluded.
sd/- JUDGE DS/RG