IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.6568/2018 BETWEEN:
Sri.Ramesh, S/o Nagesh, Aged 29 years, R/at.Kiranguru Village, K.Shettahalli Hobli, Srirangapattana Taluk, Mandya – 571438. ...Petitioner (By Sri.K.Shridhara, Advocate) AND:
State of Karnataka, By Pandavapura Police, Rep. by Public Prosecutor, Ambedkar beedhi, Bengaluru – 560001. ... Respondent (By Smt.Namitha Mahesh.B.G, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in Crime No.472/2010 of Pandavapura Police Station, Mandya for the offences punishable under Sections 454 and 380 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 petitioner/accused No.3 under Section 438 of Cr.P.C praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.472/2010 of Pandavapura Police Station, Mandya for the offences punishable under Sections 454 and 380 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. Gist of the complaint is that on 06.08.2010 at about 8.00 a.m. when the complainant had been to temple by locking the door of the house, at 1.30 p.m. her son informed that, theft had taken place in their house. Thereafter, complainant came to house and found that, somebody had broken the lock of the door and had stolen 30 grams gold chain, a pair of ear stud and Rs.90,000/- cash. On the basis of the complaint a case has been registered.
4. It is the submission of the learned counsel for the petitioner that no way the name of the petitioner/accused was found either in the complaint or in other materials. He further submits that the accused/petitioner is innocent and he has been falsely implicated in this case. He further submits that the alleged offence is not punishable with death or imprisonment for life. He further submits that the accused/petitioner is ready to cooperate with the trial and he is working as an auto driver and he was not aware of filing of the charge sheet and pendency of the case before the Court. He further submits that very recently he came to know about the case when warrant was issued by the Court and he is ready to abide by any conditions that may be imposed on him by this Court and ready to offer surety. On these grounds, he prayed to allow the petition and to release the petitioner/accused on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the accused/petitioner is absconding since 2010 and already a case has been registered against accused No.1 and he is in conviction. She further submits that if the accused/petitioner is ordered to be released on bail, he may abscond and may not be available for Investigation or Interrogation. On these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for both the parties and perused the records.
7. As could be seen from the records, already split up charge sheet as against the petitioner/accused No.3 has been filed and the alleged offences are not punishable with death or imprisonment for life. Though NBW has been issued against the petitioner/accused on a specific contention, since he was not aware of the pendency of the case, he has not appeared before the Court. He is ready to appear before the Court and to face the trial. Under the said facts and circumstances, I feel that by imposing some stringent conditions, if the petitioner/accused is ordered to be released on bail, it is going to meet the ends of justice.
8. In the light of discussions held by me above, petition is allowed. Petitioner/accused is enlarged on anticipatory bail in the event of his arrest in Crime No.472/2010 of Pandavapura Police Station, Mandya for the offences punishable under Sections 454 and 380 of IPC subject to the following conditions:
1. Petitioner/accused shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. He shall surrender before the Investigating Officer within 15 days from today.
3. He shall not tamper with the prosecution evidence directly or indirectly.
4. He shall mark his attendance once in 15 days between 10.00 a.m., and 5.00 p.m., before the concerned police station till the trial is concluded.
5. He shall not leave the jurisdiction of the Court without prior permission.
Sd/- JUDGE NS