IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 7074/2019 BETWEEN SRI. RAJANNA @ CLUB RAJANNA @ JOGIGOWDA S/O. SHIVANNA, AGED 57 YEARS R/AT. NO. 344, 1ST CROSS 1ST MAIN, 1ST STAGE RAJARAJESHWARI SLUM J.P. NAGARA, KANAKAPURA MAIN ROAD, BENGALURU – 560 078 ... PETITIONER (BY SRI. C. RAJANNA, ADVOCATE) AND STATE OF KARNATAKA BY. K.P. AGRHARA POLICE STATION REP. BY ITS PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 … RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME. NO. 202/2018 OF KEMPAPURA AGRAHARA P.S., BENGALURU CITY FOR THE OFFENCE P/U/Ss. 399 AND 402 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner (A7) and the learned HCGP for the Respondent –State. Perused the records.
2. The petitioner is arraigned as Accused No.7 in the charge sheet which is culminated in CC No.1665/2019. As this petitioner was absconding, a split up charge sheet was filed in CC No.17718/2019 for the offence punishable under Sections 399 and 402 of IPC, which is now pending before the Court of 44th ACMM, Bengaluru.
3. The brief case of the prosecution is that, the respondent-Kempapura Agrahara Police Station, Bengaluru City, on 15.08.2018, on receiving credible information that some persons are gathered near Indira Canteen, Binny Stone Garden, K.P. Agrahara, Magadi Road, Bengaluru City with deadly weapons and prepared themselves to commit dacoity, the police went to that particular place and arrested some of the accused persons and seized the deadly weapons like choppers and chilli- powder etc., from them.
4. It is alleged that the petitioner (A7) is one of the accused persons, who ran away from the spot. His name has been disclosed by the other accused persons. It is only on the basis of suspicion, the police have arrested the accused persons who involved this petitioner also into the crime. The suspicion that the petitioners and others have gathered at the spot of incident for the purpose of committing dacoity has to be proved beyond reasonable doubt during the course of full-dressed trial. The registration of the criminal case was not shown to be within the knowledge of the accused and it is stated that, only after the other accused persons have disclosed the names of this petitioner, he has been implicated in this case.
5. In the above said facts and circumstances, if the accused is released on bail, it would be beneficial for the trial court, so that it can proceed with both the original and split-up charge sheet cases and dispose of the same as early as possible. Hence, the following,-
ORDER The petition is allowed. Consequently, the petitioner (A7) shall be released on bail in the event of his arrest in connection with CC No.17718/2019 (Crime No.202/2018 of Sakkarayapatna Police Station, Chikkamagluru District), which is now pending before the Court of 44th ACMM, Bengaluru, subject to the following the conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of certified copy of this order and he shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the concerned Court.
ii) The petitioner shall not tamper the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against him is disposed of.
Sd/-
JUDGE KGR*