IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6th DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.140/2019 BETWEEN :
Sri Sathish S/o Sri Shivalingegowda Aged about 29 years R/at No.259, C/o Dhanalakshmi House 5th Cross, Bhuvaneshwarinagar Kengeri, Bengaluru-560 060.
… Petitioner (By Sri K.N.Phanindra, Senior Counsel for Smt. Vaishali Hegde, Advocate) AND :
State of Karnataka by Station House Officer Whitefield Police Station Bengaluru-62 Represented by State Public prosecutor High Court of Karnataka Bangalore-560 001.
(By Sri K.P. Yoganna, HCGP) … Respondent This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in the Crime No.501/2018 (C.C.No.10898/2018) of Whitefield Police Station, Bengaluru, for the offence punishable under Section 397 of Indian Penal Code.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R This petition is filed by accused No.2 under Section 439 of Cr.P.C. praying to grant regular bail in Crime No.501/2018 of Whitefield Police Station for the offences punishable under Section 397 of IPC.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. The facts leading to the complaint are that the complainant is a resident of Immadihalli Main Road, Whitefield. He and his cousin Sharath were working in Red Kot Company. During the intervening night of 28.10.2018 and 29.10.2018, at about 00.15 hours complainant and his cousin after taking the dinner in the house of their employer Avinash were proceeding to their room and when they came near Sriram Temple, three persons came in an autorickshaw bearing Regn.No.KA.41-B-6297 and stopped near the complainant and attempted to snatch the black colour bag which was in the hands of his cousin Sharath. They resisted and thereafter accused No.1 assaulted on the head of Sharath with a ring spanner which was in the autorickshaw and another person pushed him and also assaulted the complainant and thereafter have snatched the bag. The said bag was containing three pairs of clothes and cash of Rs.2,000/-. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner that at the request of accused No.1 he being the driver of autorickshaw took the other accused persons in his autorickshaw. He further submitted that there are no overt acts and he has not robbed anything from the complainant or his companion. He further submitted that charge sheet has been filed and the petitioner is not required for further investigation or interrogation. He is ready to abide by any conditions and to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner on bail.
5. Per contra, the learned HCGP vehemently argued and submitted that the petitioner was present along with accused Nos.1 and 3 and he has actively participated and the ring spanner which was used for commission of offence by accused persons was belonging to the petitioner and the same has been recovered by the possession of accused No.2. He further submitted that the complainant has identified the accused persons and if the petitioner is released on bail, he may abscond and may not be available for trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and also perused the charge sheet material which has been made available along with the petition.
7. On going through the charge sheet material, the only allegation which is made against accused No.2- petitioner is that he was present in the autorickshaw along with other accused persons and there are no overt acts alleged as against the petitioner-accused No.2. Neither he has assaulted the injured with any weapon nor he tried to snatch the bag. Already charge sheet has been filed and the alleged offences are not punishable with death or imprisonment for life. Under the said facts and circumstances, by imposing some stringent conditions, if the petitioner is released on bail, it would protect the interest of the prosecution.
Accordingly, the petition is allowed and accused No.2-petitioner herein is enlarged on bail in Crime No.
501/2018 of Whitefield Police Station for the offences punishable under Section 397 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 like sum to the satisfaction of the trial Court.
ii) He shall be regular in appearing before the trial Court till the trial is completed.
iii) He shall not tamper with the prosecution evidence in any manner till the disposal of the case.
iv) He shall not indulge in similar type of activities in future. If he is involved in similar offences, this order shall stand cancelled .
*ck/-
Sd/- JUDGE