IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.8302 OF 2019 BETWEEN:
SRI MAJID PASHA, S/O ILIYAS PASHA, AGED ABOUT 28 YEARS, RESIDING AT 2ND CROSS, RAMIAIAH BLOCK, NEAR EVEREST SCHOOL, CHAMUNDI NAGAR, R T NAGAR POST, BANGALORE-560032. ...PETITIONER (BY SRI SHAKEEL AHMED, ADVOCATE) AND:
THE STATE BY RMC YARD POLICE STATION, BANGALORE, REPRESENTED BY ITS S P P, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, BENGALURU-560001. …RESPONDENT (BY SRI ROHITH B.J, HCGP) **** THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.165/2019 OF R.M.C YARD P.S., BENGALURU FOR THE OFFENCE P/U/S 408, 420 R/W 34 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. Petitioner is arraigned as accused No.10 in the charge sheet filed in C.C.No.29264/2019 (arising out of Crime No.165/2019 of RMC Yard Police Station, Bengaluru City) for the offence punishable under Sections 408 and 420 read with 34 of IPC.
3. The brief facts of the case are that a person by name Sri K.Venkaramireddy lodged a complaint stating that the complainant was a Class-I Contractor, resident of Davanagere City, on 26.09.2019, his staff by name one Kishore and Ganesh were proceeding in Innova Car transporting a sum of Rs.1,50,00,000/- (Rupees One Crore and Fifty Lakhs only) by way of cash to pay it to his staff and for other office expenses in Bengaluru. On the same day, at about 6:30 p.m., when the said Innova Car reached near Gorguntapalya, Bengaluru City, some three unknown persons stopped the said Innova Car by stating that they are Police personnel and required to inspect the vehicle and in fact the said three persons have robbed the sum of Rs.1,50,00,000/- and one person alighted from the said vehicle by saying that he will come in Hoysala Vehicle and other two persons alighted in Mekhri Circle, Bengaluru City.
4. In connection with the said case, the Police have also arrested the present petitioner. The entire charge sheet papers disclose that particularly, remand application, disclose that accused No.1 has actually received the information that complainant has been transporting the sum of Rs.1,50,00,000/- in Car, he informed the same to accused Nos.10 and 3. There is no role assigned to petitioner-accused No.10, except that he also got the information about the complainant transporting the sum of Rs.1,50,00,000/- in the Car.
5. There is absolutely no recovery from the petitioner. However, recovery has been made from accused Nos.1, 3, 4, 5, 6, 7, 8 and 9. Therefore, under the above said circumstances, the conspiracy, if any, between petitioner-accused No.10 and other accused has to be established during the course of full dressed trial. As the petitioner has already been arrested and he has been sent to judicial custody, charge sheet has also been filed and the offences are not punishable either with death or imprisonment for life and considering the role of the petitioner, the petitioner is entitled to be enlarged on bail on conditions. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner- accused No.10 shall be released on bail in connection with C.C. No.29264/2019 on the file of I Addl. Chief Metropolitan Magistrate Court, Bengaluru, (arising out of Crime No.165/2019 of R.M.C.Yard Police Station, Bengaluru City) registered for the alleged offences, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees 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 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.
Sd/- JUDGE BSR