IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8352 OF 2018 BETWEEN:
SRI MOHAMMAD SHERIFF S/O. IBRAHIM AGED ABOUT 34 YEARS R/AT THYAGARAJA COLONY, MADIKERI TOWN MADIKERI TALUK KODAGU DISTRICT 571 235.
(BY SRI PRATHEEP K.C., ADV.) AND THE STATE OF KARNATAKA REP BY KUSHALNAGAR POLICE STATION KODAGU DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 01.
(BY SRI K.P. YOGANNA, HCGP) ...PETITIONER ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ALLOW THIS PETITION AND GRANT ANTICIPATORY BAIL IN CRIME NO.147/2016 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 395, 397 OF INDIAN PENAL CODE BY KUSHALNAGAR RURAL POLICE STATION, KODAGU DISTRICT PENDING ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, KUSHALNAGAR, KODAGU DISTRICT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is accused No.3 in Crime No.147/2016 of Kushalnagar Rural Police Station. Petitioner and 8 others were charge sheeted in the said case for the offences punishable under Sections 395 and 397 of IPC.
2. The case of the prosecution is as follows:
Accused Nos.1 to 3 conspired to commit dacoity in the house of CW-1. To execute such conspiracy, accused Nos.1 to 3 deployed accused Nos.4 to 9. In furtherance of such conspiracy on 24.11.2016 at 7.20 a.m., accused Nos.4 to 9 committed dacoity of cash of Rs.7,00,000/-, 0.22 Revolver, six live cartridges and gold and diamond jewellery worth of Rs.40 lakhs from the house of CW-1. In the process of committing such dacoity, the aforesaid accused assaulted CWs-1, 17 and 18 with knives, hands and legs and caused them injuries. Petitioner harboured accused Nos.4 to 9.
3. While filing the charge sheet, petitioner was shown as absconding accused. The other accused were arrested. The robbed articles were allegedly seized from their custody. The role attributed to the petitioner is that he along with accused No.1 informed accused No.2 about C.W.1 possessing properties and abetted them to commit dacoity. It is alleged that thereafter petitioner harbored the main accused. The other accused were granted bail by this Court in Crl.P.No.2709/2017, 2501/2017 and 2708/2017.
4. The learned counsel for the petitioner submits that he was not served with any summons nor he was aware of the pendency of the proceedings.
5. The materials placed before the Court show that the case was split up against the petitioner before exhausting all the steps to secure his presence. No proclamation was issued against him. Under these circumstances, it is a fit case to grant anticipatory bail with suitable conditions. Therefore, petition is allowed.
6. The petitioner is granted anticipatory bail in Crime No.147/2016 of Kushalnagar Rural Police Station, Kodagu District, subject to the following conditions:
1. Petitioner shall appear before the Investigating Officer within 10 days from the date of receipt of copy of this order;
2. He shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the like-sum to the satisfaction of the Investigating Officer/Court for his appearance;
3. He shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/ enquiry/trial;
4. He shall not tamper the prosecution witnesses by threats, inducement or otherwise.
Sd/- JUDGE *VP/-