THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.705 OF 2019 BETWEEN:
Sri.R.Sanjay Kumar @ Gunda S/o Late Rajanna, Aged about 25 years, No.334, 14th cross, Arundathinagar, Gangondanahalli, Bengaluru-562 131 (By Sri.Mohan Kumara D, Advocate) AND:
State of Karnataka Bidadi Police Station, Ramanagara.
Represented by Government Pleader, High Court Building, Bengaluru-560 001.
(By Sri.Namitha Mahesh B.G, HCGP) ...Petitioner ... Respondent This Criminal Petition is filed under Section 439 of Criminal Procedure Code praying to enlarge the petitioner on bail in Crime No.363/2018 of Bidadi Police Station, 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 This petition has been filed by the petitioner- accused No.9 under Section 439 of Cr.P.C, seeking to release him on bail in Crime No.363/2018 of Bidadi Police Station, Bengaluru, for the offence punishable under Section 395 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. The brief facts of the case are that on intervening night of 02/03.12.2018, the complainant along with the Puneeth and Nanjunda Swamy were in the petrol bunk and at about 3-4 am, five unknown persons came by covering their faces with masks, entered the room and four miscreants were armed with long and dragger and threatened the complainant and others to hand over the key of the almirah by giving them life threat.
Thereafter they robbed `82,000/- cash kept in the cupboard and they also snatched the mobile hand sets of the complainant and two other persons. They also removed the DVR of the C.C.Camera and fled away in the Maruthi Swift Desire Car bearing registration No.KA-22-P- 5750. On the basis of the said complaint, the case is registered.
4. It is the submission of the learned counsel for the petitioner that when the complaint was filed it is alleged against five accused persons, even in the remand application the name of accused-petitioner is not shown. Only on the basis of voluntary statement of accused No.1 he has been included as accused No.9 in the application. He further submitted that already charge sheet has been filed. The accused-petitioner is working as a driver and no recoveries have been made at the instance of accused except the cash. He further submitted that major articles have been recovered at the instance of accused Nos. 2 and 3. The alleged offence is not punishable with death or imprisonment for life. He is ready to abide by the conditions imposed on him by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner-accused No.9 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner-accused No.9 has involved in the alleged offence and on the intervening night of 02/03.12.2018 they have gone to the petrol bunk of the complainant and they have snatched ` 82,000/- cash and mobile hand set. She further submitted that the accused-petitioner is a habitual offender who has involved in commission of similar offences, The cash was also recovered at the instance of the accused-petitioner. There is a prima facie material as against the accused-petitioner for having involved in the alleged crime. If the petitioner-accused is enlarged on bail, there is every chance of he indulging in similar type of activities. On these grounds, she prays to dismiss the petition.
6. I have carefully and cautiously gone through the submission made by the learned counsel appearing for parties and perused the records.
7. On close reading of the contents of the complaint, it discloses that the complaint is registered as against five persons, subsequently, on the basis of voluntary statement of accused No.1, accused No.9 is included. Even the records shows recovery has been made at the instance of accused Nos.3 to 9. The alleged offence is not punishable with death or imprisonment for life. I feel there is no specific overt act as against the petitioner – accused No.9.
8. Accordingly, the petition is allowed and petitioner/accused No.9 is ordered to be enlarged on bail in Crime No.363/2018 of Bidadi Police Station for the offences punishable under Sections 395 of IPC subject to the following conditions:
1. The Petitioner-accused No.9 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. He shall not tamper with the prosecution evidence directly or indirectly and he shall not threaten the prosecution witnesses.
3. He shall appear before the trial Court regularly during the trial.
4. He shall not leave the jurisdiction of the Court without prior permission.
5. He shall not indulge in similar type of criminal activities, if any such cases are registered as against petitioner-accused No.9, the trial Court is at liberty to cancel the bail.
Sd/- JUDGE ag