IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE K. NATARAJAN CRIMINAL PETITION No.2757 OF 2019 C/W CRIMINAL PETITION No.2758 OF 2019 IN CRL.P.NO.2757/2019:
BETWEEN:
1. SRI SANDEEP B.E. S/O.EREGOWDA AGED ABOUT 22 YEARS R/AT BHAKTHARAHALLI SINDIGERE POST, LAKYA HOBLI CHIKKAMANGALURU TALUK-577 101 2. SRI SUDEEP B.S. S/O.SHIVAPPA GOWDA AGED ABOUT 20 YEARS R/AT BHAKTHARAHALLI SINDIGERE POST, LAKYA HOBLI CHIKKAMANGALURU TALUK-577 101 3. SRI SACHIN S. S/O.SHIVAPPA AGED ABOUT 20 YEARS WORKING IN J.K.WATER SUPPLY R/AT RAMANAHALLI ALALAGUNDI COFFEE ESTATE DANIHALLI POST CHIKKAMANGALURU TALUK-577 101 …PETITIONERS (BY SRI BHASKAR BABU H.J., ADVOCATE) AND:
STATE BY CHIKKAMAGALURU TOWN POLICE CHIKKAMAGALURU DISTRICT REP. BY SPECIAL PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001 …RESPONDENT (BY SRI I.S.PRAMOD CHANDRA, SPP-II) IN CRL.P.NO.2758/2019: BETWEEN:
1. SRI.DEEPAK S/O NAGESH AGED ABOUT 18 YEARS R/O OPP. GOVERNMENT SCHOOL KALLUDODDI, SHANTHINAGAR CHIKKAMANGALURU – 577 101 2. SRI.DILIP S/O NAGESH AGED ABOUT 21 YEARS R/O INDAVARA ROAD NEAR KULUVE CHIKKAMANGALURU – 577 101 ...PETITIONERS (BY SRI.BHASKAR BABU H.J., ADVOCATE) AND:
STATE BY TOWN POLICE CHIKKAMANGALURU CHIKKAMANGALURU DISTRICT REPRESENTED BY SPECIAL PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 ... RESPONDENT (BY SRI.I.S.PRAMOD CHANDRA, SPP-II) THESE CRIMINAL PETITIONS ARE FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.33/2019 OF CHICKMAGALUR TOWN POLICE STATION, CHIKKAMAGALURU FOR THE OFFENCEs P/U/S 399, 402, 353, 332 OF IPC.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Crl.P.No.2757/2019 is filed by the accused Nos.3, 5 and 6. Crl.P.No.2758/2019 is filed by accused Nos.1 & 2 filed petition under Section 439 of Cr.P.C. for regular bail in Crime No.33/2019 registered by the Chickmagalur Town Police Station for the offences punishable under Sections 399, 402, 353 and 332 of Indian Penal Code, 1860.
2. It is alleged that when the Police party were in patrolling duty at 12.30 on 04.03.2019 midnight on a credible information that these petitioners assembled in lonely place and prepared to commit dacoity and sitting in the Maruthi Baleno Car, the Police inspected the spot along with panchas. Tried to apprehend the petitioners and other accused, at that time petitioners also tried to assault the Police party and thereafter accused were arrested and weapons were seized. Petitioners-accused were brought before the Court and remanded to Judicial Custody. Hence, these petitions.
3. Learned counsel for the petitioners submits that petitioners are innocent of the alleged offence and they are falsely implicated in the case. When they came to the temple for praying in lieu of Mahashivarathri festival, Police have arrested them and seized the vehicle. Hence, he prays to allow the petitions.
4. Per contra, learned SPP-II, appearing for the respondent-State submits that as the investigation is still pending, the petitioners are required for the purpose of further investigation. Hence, he prays to dismiss the petitions.
5. Upon hearing the arguments of learned counsel appearing for the petitioners and learned SPP-II appearing for the respondent-State and perusal of the records, no doubt apprehending the accused persons on the said night and seized the Car along with the weapons. Petitioners were also produced before the Court and remanded to Judicial Custody. Vehicle and weapons are already seized. The alleged offences though non-bailable but not punishable with death or imprisonment for life. They were in custody from 04.03.2019 onwards. Their presence is no more required. Therefore, by imposing certain conditions, if bail is granted no prejudice would be caused to the case of prosecution case.
Accordingly, criminal petitions are allowed.
The petitioners-accused Nos.3, 4 and 6 in Criminal Petition No.2757/2019 and accused Nos.1 and 2 in Criminal Petition No.2758/2019 are ordered to be released on bail, in Crime No.33/2019 of Chickmagalur Town Police Station for the offences punishable under Sections 399, 402, 353 and 332 of Indian Penal Code, 1860. subject to the following conditions:-
(i) Petitioners-accused Nos.1, 2, 3, 4 and 6 shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with one surety for the likesum to the satisfaction of the trial Court/Committal Court;
(ii) Petitioners shall not indulge in similar offences strictly;
(iii) Petitioners shall not tamper with the prosecution witnesses directly/ indirectly;
(iv) Petitioners shall not leave the jurisdiction without prior permission of the trial Court and (v) Petitioners shall mark their attendance before the Investigating Officer between 10.00 a.m. and 5.00 p.m. on every Monday for a period of three months or till the completion of investigation whichever is earlier.
Sd/- JUDGE HR