IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No. 3577 OF 2019 BETWEEN:
SRI. M.N.MANJUNATHA AGED ABOUT 20 YEARS S/O SRI NAGARAJU PERMANENT RESIDENCE OF MUTHANAPALYA, KUDHURU HOBLI MAGADI TALUK RAMANAGARA DISTRICT PRESENTLY RESIDING AT HOUSING BOARD KUNIGAL TOWN TUMAKURU DISTRICT (PRESENTLY IN JUDICIAL CUSTODY) (By Sri.H.V.DEVARAJU, ADV.) AND STATE REPRESENTED BY SUB-INPECTOR OF POLICE KUNIGAL POLICE STATION TUMAKURU DISTRICT ALSO REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001.
(By Sri.K.P.YOGANNA, HCGP) ... PETITIONER ... RESPONDENT THIS CRL.PETITION IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.64/2019 OF KUNIGAL P.S., TUMAKURU FOR THE OFFENCE P/U/S 394 OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and learned High Court Government Pleader for State. Perused records.
2. The petitioner is arraigned as accused No.2 in Crime No.64/2019 which later culminated into C.C.No.24/2019 on the file of Senior Civil Judge and JMFC, Kunigal, Tumkur District.
3. The facts of the case as divulged from the charge sheet papers are that on 21.03.2019 at about 11 p.m. when the complainant, by name Hitesh and his friend were proceeding from Bangalore, three unknown persons came on the motorcycle and waylaid the complainant and his friend and threatened them with dire consequences and snatched the key and robbed a sum of Rs.4600/- and a Samsung mobile and mobile power bank. After thorough investigation and after identification of the accused persons by the complainant and recovery of incriminating articles, the police have laid the charge sheet. Similar allegations are made against accused Nos.1 to 3. Accused No.3 has already approached this Court in Crl.P.No.2483/2019. Vide order dated 25.06.2019, this Court has enlarged the said accused on bail on conditions. In my opinion, the petitioner herein is also entitled to be enlarged on bail on conditions. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.64/2019 of Kunigal Police Station, for the offence under Section 394 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rs. One lakh only) with two 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 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 till the case registered against him is disposed of.
Sd/- JUDGE ln.