IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.8142 OF 2019 BETWEEN:
1. SRI SHIVAKUMARA, S/O HANUMANTHAPPA, AGED ABOUT 35 YEARS.
2. SRI.SURESHA H, S/O HANUMANTHABHOVI, AGED ABOUT 32 YEARS.
3. SRI.BHOOTHESH, S/O BHEEMABHOVI AGED ABOUT 24 YEARS.
4. SRI.NAGARAJU, S/O HANUMAIAH, AGED ABOUT 30 YEARS.
5. SRI.YALLAPPA, S/O THIMMAIAH, AGED ABOUT 26 YEARS.
ALL ARE RESIDING AT:
BOVI COLONY, DINDAVARA, HIRIYUR TALUK, CHITRADURGA DISTRICT-577598. ...PETITIONERS (BY SRI C R GOPALASWAMY, ADVOCATE) AND:
STATE BY SIRA POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGLAURU – 560 001. …RESPONDENT (BY SRI ROHITH B.J, HCGP) **** THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.307/2019 OF SIRA P.S., TUMAKURU FOR THE OFFENCE P/U/S 379 OF IPC AND ETC., THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioners and the learned HCGP for the respondent-State. Perused the records.
2. Petitioners are arraigned as accused Nos.1 to 5 in Crime No.307/2019 of Sira Police Station for the offence punishable under Section 379 of IPC.
3. Petition insofar as it relates to petitioner No.3/accused No.3 is not pressed because he has already been arrested and released on bail by the concerned Court.
4. Brief facts of the case are that on 21.09.2019 a complaint came to be lodged by Mr.Rangaswamaiah S/o Venkatarangappa of Yaradakatte Village in Sira Taluk stating that himself and one Mr.Rangappa have grazed totally twelve (12) sheep and everyday the father of the complainant by name Sri Venkatarangappa was watching the said sheep and he was sleeping near the said place where the said sheep were tied. On 29.08.2019 in the morning they found eight (08) sheep were missing; inspite of their best efforts, they could not able to locate the said sheep. Therefore, he lodged a complaint on 21.09.2019 nearly after long lapse of more than 20 days.
5. Thereafter, on suspicion it appears that accused No.1 was nabbed and one sheep was recovered. On his voluntary statement the other accused were also suspected.
Therefore, the petitioner Nos.1, 2, 4 and 5 are apprehending arrest at the hands of the Police and they submit that they would abide by the conditions and cooperate with the investigating agency to complete the investigation. Making it clear that for all practical purposes i.e., interrogation, investigation and recovery, petitioners shall be deemed to be in the custody of the Police. Hence, in my opinion, petitioner Nos.1, 2, 4 and 5 can be enlarged on bail considering the nature of allegations and the facts and circumstances of the case and only the voluntary statement of accused No.1 is available. Hence, the following:
ORDER The petition is partly allowed; the petition as against petitioner No.3 is dismissed as not pressed and the petition as against petitioner Nos.1, 2, 4 and 5 is allowed. Consequently, the petitioner Nos.1, 2, 4 and 5 shall be released on bail in the event of their arrest in connection with Crime No.307/2019 of Sira Police Station for the alleged offence, subject to the following conditions:-
i) The petitioner Nos.1, 2, 4 and 5 shall surrender themselves before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and each of them shall execute their respective personal bond for a sum of Rs.50,000/- with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner Nos.1, 2, 4 and 5 shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner Nos.1, 2, 4 and 5 shall co- operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for.
iv) The petitioner Nos.1, 2, 4 and 5 shall not leave the jurisdiction of the Investigating Officer without prior permission, till the final report is filed or for a period of three months whichever is earlier.
v) The petitioner Nos.1, 2, 4 and 5 shall mark their attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE BSR