IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.2968/2017 BETWEEN:
Sri Madhu @ Mallela Veeranjaneyalu @ Vaddi Madhu @ Guvva S/o Gurrappa Aged about 29 years R/at near Oil Mission Ananthapura Town Presently r/at Hill Station Of Somanatha Nagar Hindupura Town Ananthapura District Andhra Pradesh-515 212. ... PETITIONER (By Sri B M Lokesh, Adv.) AND:
State of Karnataka Gowribidhanuru Rural P.S. Chikkaballapura District.
Represented by State Public Prosecutor High Court Bengaluru-560 001. ...RESPONDENT (By Sri Chetan Desai, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.216/2014 (Spl.C.No.10/2015) of Gowribidanur Rural P.S., Chikkaballapura District for the offences P/U/Ss 393, 307, 332 read with Section 34 of IPC and Section 27 of Indian Arms Act.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER This petition is filed by the petitioner/accused No.2 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 393, 307, 332 r/w Section 34 of IPC and under Section 27 of the Indian Arms Act registered in respondent – police station Crime No.216/2014.
2. Brief facts of the prosecution case as per the complaint averments are that the PSI of Gowribidanur Rural police station reported to his station stating that he received credible information that some persons are wandering near Mudduganagunte cross. On the basis of the said information, the same was informed to the Circle Inspector of Police of Gowribidanuru and under his leadership, the police formed the team. On 16.7.2014, the CPI and his team were watching near Muddaganagunte and at that time around 11.00 p.m. three persons arrived in two TVS vehicles, parked beside the road and entered the house of one Balram. At that time, police tried to caught hold them. In that process one person ran away escaping from the clutches of the police and they were able to catch two persons. On the basis of the said complaint case came to be registered against three persons.
3. Heard the arguments of the learned counsel appearing for the petitioner-accused No.2 and also the learned High Court Government Pleader appearing for the respondent-State.
4. As per the materials placed on record and the averments made in the complaint, the police caught hold the petitioner when all the three accused persons entered into the house of one Balram and took him to custody. They have also seized the weapons which were said to have been used by the accused persons for committing the above said offences. Therefore, at present nothing further is to be seized from the possession of the petitioner.
5. The petitioner has contended in the petition that he is innocent and not committed the alleged offence and he has undertaken to abide by any conditions to be imposed by this Court. Now the investigation is completed and charge sheet is also filed. The alleged offences are also not exclusively punishable with death or imprisonment for life. The only apprehension of the prosecution that if released on bail, the petitioner may abscond and he may not appear before the concerned trial Court. For this apprehension of the prosecution, reasonable conditions can be imposed.
6. Accordingly, petition is allowed. Petitioner- accused No.2 is ordered to be released on bail for the offences punishable under Sections 393, 307, 332 r/w Section 34 of IPC and under Section 27 of the Indian Arms Act registered in respondent – police station Crime No.216/2014, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.50,000/- and furnish one solvent surety for the likesum to the satisfaction of the concerned trial Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses directly or indirectly.
iii. Petitioner shall appear before the concerned Court regularly.
Sd/- JUDGE bkp