IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.8232/2017 BETWEEN:
SRI SRINIVAS @ SEENA S/O GOPALA, AGED ABOUT 28 YEARS R/AT 4TH FLOOR, TOWER NO.9, SHUBHA APARTMENT, ATTIBELE ROAD, NEAR MAYASANDRA, ANEKAL TALUK BENGALURU DISTRICT-562107 (BY SRI B.SIDDESWARA, ADV.) AND:
THE STATE OF KARNATAKA BY BANNERUGHATTA P.S., BANGALORE DISTRICT-560076 THROUGH THE S.P.P., HIGH COURT PREMISES, BENGALURU-01.
... PETITIONER ...RESPONDENT (BY SRI CHETAN DESAI, HCGP.) THIS CRL.P. FILED UNDER SECTION 439 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.3/2017 OF BANNERGHATTA POLICE STATION, BENGALURU DISTRICT FOR THE OFFENCE P/U/S 341, 387, 364, 323 AND 324 R/W 34 OF IPC.
THIS CRL.P. COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed by the petitioner/accused No.3 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 341, 387, 364, 323 and 324 r/w 34 of IPC, registered in respondent – police station in Crime No.3/2017.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.
3. I have perused the averments made in the bail petition, FIR, complaint and other materials placed on record.
4. Looking to the complaint averment, it is evident that owner of the Dabha is the complainant. He has stated that during night at about 11-11.30 p.m., he closed the Dabha after counting money and keeping it in the Dabha, left home. While re reached Jangal playa around 12.15 a.m., Alto car came from behind and restrained the complaint and four accused alighted from the car, took the complainant in the car and after taking him for some distance, threatened him to give cash and ornaments. Two offenders assaulted the complainant over his mouth and face with bare hands and another assaulted him with hind side of the chopper over left ankle. The complainant fearing his life handed over gold chain, bracelet, three rings and Rs.20,000/- cash. Thereafterwards, they brought the complainant and dropped him at the place from where he was abducted. On the basis of the said complaint, FIR came to be registered against the unknown persons and during the course of investigation, the present petitioner is arrayed as accused No.3.
5. Looking to the materials placed on record, it is clear that Test Identification parade is not conducted and it is stated that incident took place during night. Apart from that learned counsel for the petitioner submitted that though allegation is against Accused No.2 that he took the police to the spot of offence, recovery of mobile and knife was from accused No.4 and gold ornaments were recovered from Accused No.6 at his instance and voluntary statement. Learned counsel submitted that Accused No.2, 4 and 5 have been already granted bail. He has contended that present petitioner is innocent and is falsely implicated in the case.
5. This petition is filed under Section 439 of Cr.P.C. seeking regular bail. The offences alleged are not exclusively punishable with death or imprisonment for life. Hence, it is a fit case to exercise the discretion in favour of the petitioner.
6. Accordingly, petition is allowed.
Petitioner/accused No.3 is ordered to be released on bail in Crime No.3/2017, subject to the following conditions:
i. Petitioner has to execute a personal bond for Rs.1,00,000/- and has to furnish one solvent surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner has to appear before the concerned Court regularly.
Sd/- JUDGE ln.