IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7651/2019 BETWEEN:
SRI. SUHAS KUMAR, S/O. SRI. SHAMBULINGAIAH, AGED ABOUT 23 YEARS, RESIDING AT:
SHETTU HOUSE, 21ST CROSS, 21ST MAIN ROAD, MARUTHI MANDIRA, VIJAYANAGAR, BENGALURU-560 086. ... PETITIONER [BY SRI. SRINIVAS A.R., ADVOCATE] AND:
STATE OF KARNATAKA BY VISHVESHWARAPURAM POLICE, BENGALURU-560 004, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT BENGALURU-560 001. ... RESPONDENT [BY SRI. HONNAPPA, HCGP] * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO.111/2018 REGISTERED BY VISHVESHWARAPURAM POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 397, 328, 450, 307, 342 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. The petitioner is arraigned as accused No.2 in Crime No.111/2018 of Vishveshwarapuram P.S., Bengaluru City, for the offence under Sections 397, 328, 450, 307, 342 r/w 34 of IPC., now C.C. No.33494/2018 on the file of the XXIV Additional C.M.M. Court, Bengaluru.
3. The brief factual matrix of the case are that;
On 26.6.2018, accused Nos.1 to 3, with an intention to commit robbery, had been to the house of C.W.1 and accused No.1 was watching the movements of the complainant and also watching the house. Thereafter, on the said day, at about 11.30 a.m. accused No.1 had been to the said house and rang the calling bell. Accused No.2 spread some spray to the complainant and accused Nos.2 and 3 went inside the house and they pushed the complainant inside the house and also her face was pushed inside the water tub and thereafter, her hands and legs were tied. Accused Nos.2 and 3 thereafter, committed the robbery of gold and other valuable articles. Thereafter, all the accused sent the said articles through accused No.4 for the purpose of selling the same. Accused No.4, in turn, sold the same to Tanishq Jewelry Shop and thereafter, it appears that the police have seized the said articles in connection with this case in Crime No.147/2018 after arresting some of the accused persons. Mahazar was drawn in Crime No.147/2018 and accused No.4 was arrested and at that time the names of this petitioner and other accused in Crime No.111/2018 were disclosed. Thereafter, it appears that the police came to know about the gold articles which were converted by Tanishq Jewelry Shop, but the police did not seize the same but seized the similar type of articles, which were lost by the complainant. On the basis of the said material, the police have investigated the matter.
4. It is submitted by the learned HCGP for the respondent-State that accused No.2 has been identified by the complainant before the police station.
5. Accused No.1 has not gone inside the house and he was watching outside. Therefore, the case against accused No.1 revolves around the voluntary statement of other accused persons. In the above said circumstances, the identification of jewelry, recovery of similar type of jewelry by the police and whether that was identified by the complainant or not, has to be thrashed out during the course of full fledged trial.
6. Accused Nos.1 and 3 have already approached this Court in Crl.P. No.9244/2018 and they were ordered to be released on bail vide Order dated 09.10.2019. As the petitioner herein is also stands on the same footing as that of accused Nos.1 and 3, the petitioner is also entitled to be enlarged on bail on the same conditions. Hence the following:
ORDER (i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- [Rupees One Lakh only] with two sureties for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed off.
(v) The petitioner shall mark his attendance once in fifteen days i.e., on any Sunday between 10.00 a.m. and 5.00 p.m. before the Investigating Officer for a period of two months or till the filing of the charge sheet, whichever is earlier.
Sd/- JUDGE Ksm*