IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.9105 OF 2018 BETWEEN:
SRI PRASAD S/O LATE RAMESH AGED ABOUT 24 YEARS R/AT NO.5, 1ST FLOOR, 1ST CROSS VINAYAKA LAYOUT DODDATOGURU, ELECTRONIC CITY BENGALURU – 560 045 ...PETITIONER (BY SRI PRATHEEP K.C., ADV.) AND THE STATE OF KARNATAKA REP. BY VIJAYANAGAR POLICE STATION MYSURU REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 01 ...RESPONDENT (BY SRI K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.231/2018 OF VIJAYANAGAR POLICE STATION, MYSORE CITY FOR THE OFFENCE P/U/S 397 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is accused No.2 in Crime No.231/2018 of Vijayanagar Police Station, Mysuru City. The said case was registered initially against un-known accused for the offences punishable under Sections 420 read with Section 34 of Indian Penal Code on the basis of the complaint of one Arun Kumar V.J.
2. It was alleged that on 22.09.2018 at 8.30 p.m., near 3rd Main road, 1st stage, Vijayanagar, Mysuru, when complainant was proceeding on his two wheeler vehicle No.KA-09/HA-8303, three unknown persons accosted him, pushed him from his vehicle and sped away with his vehicle. He allegedly had kept Rs.19,00,000/- cash and Rs.6,00,000/- worth foreign currency in his two wheeler vehicle and the miscreants have robbed that also.
3. As per the prosecution accused No.1 was apprehended and his confessional statement revealed the involvement of the present petitioner and other accused. Accused No.1 and 7 were arrested and some recovery was allegedly effected.
4. Petitioner was arrested on 28.10.2018. Cash of Rs.2,50,000/- and foreign currency Rs.3,31,000/- allegedly recovered from him. Complainant said to have given further statement on 21.10.2018 to the effect that the culprits wielded dagger and have robbed him by intimidating him with the same.
5. The petitioner is implicated on the basis of the voluntary statement of the accused No.1. The incriminating material is already recovered from him. Except for trial, further detention of the petitioner is not required for any other purpose.
6. Though he is said to have involved in another case namely Crime No.382/2014 of Bytarayanapura Police Station, Bengaluru for offence punishable under Section 379 of Indian Penal Code, he was granted bail in the said case. Under these circumstances, it is a fit case to grant bail with suitable conditions. Therefore, petition is allowed.
Petitioner is granted bail in Crime No.231/2018 of Vijayanagar Police Station, Mysuru city subject to the following conditions:
1) The petitioner shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the like-sum to the satisfaction of the Court for his appearance;
2) He shall appear before the I.O./Court as and when required for the purpose of investigation/enquiry/trial;
3) He shall not tamper the prosecution witnesses in any manner;
4) He shall mark his attendance before the Investigating Officer on every Sunday till the investigation is completed.
Sd/- JUDGE HR