IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.390 OF 2019 BETWEEN:
1. SRI. NAGAPPA S/O MADHUGIRIYAPPA AGED ABOUT 38 YEARS RESIDING AT CHINTHAMAKADINNE VILLAGE NEAR MARGANAKUNTE, GULURU HOBLI, BAGEPALLI TALUK-561207 CHIKKABALLAPUR DISTRICT 2. SRI. SHIVAPPA S/O BODAPPA AGED ABOUT 33 YEARS RESIDING AT MARGANAKUNTE VILLAGE GULURU HOBLI, BAGEPALLI TALUK CHIKKABALLAPUR DISTRICT 3. SRI. SOMASHEKARA @ SOMU S/O NANJAPPA AGED ABOUT 26 YEARS RESIDING AT MARGANAKUNTE VILLAGE GULURU HOBLI, BAGEPALLI TALUK CHIKKABALLAPUR DISTRICT ...PETITIONERS (BY SRI. SUDHANVA D.S, ADVOCATE) AND:
THE STATE BY BAGEPALLI POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560001 ...RESPONDENT (BY SRI. H.S. CHANDRAMOULI, SPP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CODE OF THE CRIMINAL PROCEDURE CODE PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.255/2018 (C.C.NO.466/2018) OF BAGEPALLI POLICE STATION, CHICKBALLAPURA DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTION 395 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The present petition has been filed by the petitioners/accused Nos.1 to 3 under Section 439 of Cr.P.C., seeking their release on bail in Crime No.255/2018 of Bagepalli Police Station for the offence punishable under Section 395 of IPC.
2. I have heard the learned counsel for the petitioners and the learned State Public Prosecutor for the respondent-State.
3. Gist of the complaint is that the complainant is having a small retail shop, on 28.06.2018, he was sleeping in the house. At about 1.30 a.m. five unknown persons have broken the northern window and entered his house through upstairs. They tied his hands and legs and opened one metal locker out of the two metal lockers kept in the hall with the help of an iron rod. In the mean time neighbours came to the house and they ran away. On the basis of this complaint, the said case has been registered.
4. It is the submission of the learned counsel for the petitioners-accused Nos.1 to 3, though the petitioners-accused Nos.1 to 3 are known to the complainant. In the complaint, the name of the petitioners/accused Nos.1 to 3 have not been mentioned, the complaint has been registered against the unknown persons. It is further submitted that no such identification parade has been conducted as contemplated under law. It is further submitted that nothing recovered at the instance of the petitioners- accused Nos.1 to 3. He further submitted that the alleged offence is not punishable with death or imprisonment for life and they are ready to abide the conditions imposed on them by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioners/accused Nos.1 to 3 on bail.
5. Per contra, learned State Public Prosecutor vehemently argued and submitted that the petitioners/accused Nos.1 to 3 have been identified by the complainant in the Police Station. The said accused persons having involved in serious offence, if they are released on bail, they may tamper the prosecution witnesses and may likely to indulge in similar type of crime. On these grounds, he prays to dismiss the petitions.
6. I have carefully and cautiously gone through the submission made by the learned counsel appearing for both the parties and perused the records.
7. As could be seen from the contents of the complaint, nothing has been taken out of the house of the complainant. They have tried to open the metal lockers and almirah and nothing was found. Be that as it may, even as could be seen from the records, the petitioners/accused Nos.1 to 3 have also not committed any act or the conduct, which shows the accused persons involved in the said offence. The alleged offence is not punishable with death or imprisonment for life and no recoveries have been made at the instance of the petitioners in the present case. Under the above said facts and circumstance, I feel that by imposing some stringent conditions, if the petitioners/accused Nos.1 to 3 are ordered to be released on bail, it is going to meet the ends of justice.
8. In that light, petition is allowed.
Petitioners/accused Nos.1 to 3 are ordered to be released on bail in Crime No.255/2018 of Bagepalli Police Station for the offence punishable under Section 395 of IPC subject to the following conditions:
1. Petitioners/accused Nos.1 to 3 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
2. They shall not leave the jurisdiction of the Court without prior permission.
3. They shall not tamper with the prosecution evidence directly or indirectly.
4. They shall regularly attend the trial.
Sd/- JUDGE KTY