IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.7326/2019 BETWEEN:
1. SRI MANJUNATHA, S/O NARAYANASWAMY, AGED ABOUT 20 YEARS, 2. SRI SRINIVASA, S/O MUNIRAJU, AGED ABOUT 23 YEARS, BOTH ARE RESIDING AT KEMBALIGANAHALLI VILLAGE, NANDAGUDI HOBLI, HOSKOTE TALUK, BANGALORE RURAL DISTRICT – 560 047.
… PETITIONERS (BY SRI RAVIKUAMR K.M., ADV.,) AND:
STATE BY NANDAGUDI POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. ... RESPONDENT (BY SRI HONNAPPA, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CRIMINAL PROCEDURE CODE, PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.183/2019 OF NANDAGUDI P.S., BENGALURU FOR THE OFFENCE P/U/S 392 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent - State. Perused the records..
2. Petitioners are arraigned as accused Nos.2 and 3 in Crime No.183/2019 of Nandagudi Police Station for the offence under Section 392 IPC.
3. Brief facts of the case are that a person by name Sri Nagesh lodged a complaint on 07.09.2019 stating that he was running Jyothishwara Tiffin Center near Nandagudi bus stop and on 15.06.2019, at 6.30 a.m. his mother came to the Hotel and revealed that when she was coming near Sai Baba temple, two persons came in a bike and stopped her and one person snatched her gold chain and ran away.
4. Though the said incident has occurred on 15.06.2019, complaint was lodged on 07.09.2019, nearly after lapse of 2 ½ months. Perhaps after nabbing the accused persons, recovery has been made from them, but the same has to be proved beyond reasonable doubt during full dressed trial. Identification of the accused has been made in the police station. Therefore, substantial identification is also to be made during the trial.
5. Under the above said circumstances, when there are no other previous bad antecedents against the petitioners and particularly when the petitioners have already been arrested and charge sheet has been filed, petitioners are entitled to be enlarged on bail on conditions. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioners shall be released on bail in connection with Crime No.183/2019 of Nandagudi Police Station for the offence punishable under Section 392 of IPC, subject to the following conditions:
(i) The petitioners shall execute their personal bond for a sum of Rs.50,000/- each with one solvent surety for the like- sum to the satisfaction of the jurisdictional court.
(ii) The petitioners shall not indulge in tampering the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against them is disposed of.
Sd/- JUDGE PKS