IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.7187/2017 C/W CRIMINAL PETITION NO.7347/2017 IN CRIMINAL PETITION NO.7187/2017 Between:
Sri Lokesh.N S/o Narayanswamy Aged about 27 years R/o Machohalli village colony Kadabagere colony Magadi Main Road Bengaluru- 560 091.
(By Sri Nanjundaswamy, Adv.) And State of Karnataka By Bagalkunte Police Station Bengaluru- 560 073.
Rept. by the State Public Prosecutor High Court Buildings Bengaluru- 560 001.
(By Sri Chetan Desai, HCGP) ...Petitioner ...Respondent This Crl.P is filed under Section 439 Cr.P.C praying to enlarge the petitioner on bail in Cr.No.286/2017 of Bagalagunte Police Station, Bangalore for the offence p/u/s 506, 397, 363, 342 of IPC.
IN CRIMINAL PETITION NO.7347/2017 Between:
Sri Puneeth S/o Late Govindaraju Aged about 22 years Residing at Near Anjaneyaswamy temple Harohalli Bengaluru- 560 091. (By Sri Rajanna.C, Adv.) And State of Karnataka By Bagalagunte Police Station Bengaluru City.
Represented by its P.P., High Court Building Bengaluru- 560 001.
(By Sri Chetan Desai, HCGP) ...Petitioner ...Respondent This Crl.P is filed under Section 439 Cr.P.C praying to enlarge the petitioner on bail in Cr.No.286/2017 of Bagalagunte Police Station, Bangalore for the offence p/u/s 363, 342, 506, 397 of IPC.
These Criminal Petitions coming on for orders this day, the Court made the following:
ORDER Since these two petitions are in respect of same crime number and since common questions of law and facts are involved in these two petitions, they are taken up together to dispose of them by this common order in order to avoid repetition of factual and legal aspects.
2. Both these petitions are filed by the petitioner/accused No.3 and petitioner/accused No.5 respectively under Section 439 of Cr.P.C. seeking their release on bail for the offences punishable under Sections 363, 342, 397, 506 read with Section 34 of IPC, registered in respondent – police station Crime No.286/2017.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused No3 and 5, so also, the learned High Court Government Pleader appearing for the respondent-State.
4. Learned counsel for the petitioners/accused No3 and 5 made submission that looking to the prosecution materials there is no prima-facie case made out as against the petitioners. They have also made submission that now the investigation of the case is completed and charge sheet has been filed to the Court. They also submitted that no test identification parade has been conducted before the Taluka Executive Magistrate in accordance with the procedure under Section 9 of the Evidence Act to establish the identity of the accused persons in this case. They also submitted that this Court already granted bail to the accused No.7 and 8 and have produced copy of the order dated 10.10.2017 passed in Crl.P.No.6812/2017.
5. Per contra, learned High Court Government Pleader, has submitted that looking to the prosecution material there is prima-facie case made out by the prosecution against the petitioners and the witnesses whose statements have been recorded during the course of investigation have also indicate about the involvement of these two petitioners in committing the alleged offence. Learned High Court Government Pleader made submission that the offence punishable under section 397 of IPC is serious offence. Hence, submitted that petitioners are not entitled to be released on bail.
6. I have perused the grounds urged in these bail petitions, FIR, complaint, charge sheet and other materials placed on record and so also so, the bail order of the Sessions Judge rejecting the bail petitions of the both petitioners.
7. Looking to the materials, the first information came to be registered about 8 unknown persons and during the course of the investigation, the present petitioners are arrayed as accused Nos.3 and 5 respectively. I have also perused the bail order passed by this Court and the merits of the case has been already considered by this Court and ultimately, this Court has granted bail to the accused Nos.7 and 8.
8. Looking to the case of the prosecution, 8 persons were settled in the room and they have assaulted the complainant. It is also noticed that now the investigation of the case has been completed and charge sheet is also filed and the alleged offences are not exclusively punishable with death or imprisonment for life.
9. Accordingly, petitions are allowed.
Petitioner/accused Nos.3 and 5 respectively ordered to be released on bail of the offence punishable under Sections 363, 342, 397, 506 read with Section 34 of IPC, registered in respondent – police station Crime No.286/2017, subject to the following conditions:
i. Each Petitioner shall execute a personal bond for Rs.50,000/- and have to furnish one surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioners shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioners have to appear before the concerned Court regularly.
Sd/- JUDGE DL