IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO. 3787 OF 2019 BETWEEN:
SRI RAJU @ BASAVARAJU @ BASAVA S/O LATE KRISHNAPPA AGED ABOUT 26 YEARS RESIDENT OF MADAGONAHALLI HULIYURDURGA HOBLI KUNIGAL TALUK – 572123 TUMKUR DISTRICT.
... PETITIONER (BY SRI B. CHETHAN, ADVOCATE) AND STATE OF KARNATAKA HULIYUR DURGA POLICE KUNIGAL TALUK – 572123 TUMKUR DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560001.
... RESPONDENT (BY SRI HONNAPPA, HCGP FOR RESPONDENT) CRL.P FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO. 174/2018 REGISTERED BY HULIYURDURGA POLICE STATION, TUMAKURU FOR THE ALLEGED OFFENCES P/U/S 120B, 395, 397, AND 201 OF IPC THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for the petitioner. Perused the records.
2. Petitioner is arraigned as accused No.2 in Cr.No.174/2018 of Huliyurdurga Police for the offence punishable under Sections 120B, 395, 397, 201 of IPC.
3. The gist of the prosecution case is that on 31.08.2018 at about 9.30 p.m. when the complainant was sitting in his car bearing Regn.No.MH-20 EE 9733, the accused persons including this petitioner assaulted the complainant, dragged him out of the car and by showing knife, robbed gold chain, rudrakshi chain and finger ring etc. On the said allegations, the police have arrested the petitioner and other accused persons.
4. Accused No.4 and Accused Nos.3 and 5 have already approached this Court in Crl.P.No.9675/2018 and Crl.P.No.8169/2018 c/w Crl.P.No.8261/2018 respectively and they were granted bail on certain conditions. Petitioner/accused No.2 also stands on the same footing as that of other accused. Common allegations are made against the petitioner herein along with other accused persons. Therefore, the petitioner is also entitled to be enlarged on bail on similar conditions. Hence, the following:
ORDER The petition is allowed. Consequently, petitioner- accused No.2 is enlarged on bail in connection with Crime No.174/2018 of Huliyurdurga Police Station, registered against him for the offence punishable under Section 120B, 395, 397, 201 of IPC, subject to the following conditions:
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court.
ii) The petitioner shall appear before the trial Court throughout the trial.
iii) The petitioner shall not tamper with the prosecution witnesses directly or indirectly.
iv) The petitioner shall mark his attendance for one year once in 15 days between 10.00 a.m. and 5.00 p.m.
Sd/- JUDGE DKB