IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.9363/2018 C/W CRIMINAL PETITION NO.9362/2018 In Crl P No.9363/2018 BETWEEN:
Sri.Vishwa, S/o late Ramachandrachari Aged about 25 years, R/at Kolenuru Village, Channagiri Taluk-577 213, Davanagere District-577 006.
(By Sri.M.N.Venkataram Prasad, Advocate) AND:
State of Karnataka by Hassan City Police, Hassan Rep by its State Public Prosecutor, High Court Complex, Bangalore-560 001.
...Petitioner ... Respondent (By Smt. Namitha Mahesh B.G., HCGP) This Criminal Petition is filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioner on bail in the event of his arrest in Crime No.76/2017 (CC.No.3137/2018) of Hassan City Police Station, Hassan for the offence punishable under Sections 420, 379, 411 of IPC.
In Crl P No.9362/2018 BETWEEN:
Sri.Vishwa, S/o late Ramachandrachari Aged about 25 years, R/at Kolenuru Village, Channagiri Taluk-577 213, Davanagere District-577 006.
(By Sri.M.N.Venkataram Prasad, Advocate) ...Petitioner AND:
State of Karnataka by Hassan City Police, Hassan Rep by its State Public Prosecutor, High Court Complex, Bangalore-560 001.
(By Smt.Namitha Mahesh B.G., HCGP) ... Respondent This Criminal Petition is filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioner on bail in the event of his arrest in Crime No.255/2017 (CC.No.3136/2018) of Hassan City Police Station, Hassan for the offence punishable under Sections 379, 420, 411 of IPC.
These Criminal Petitions coming on for Orders, this day, the Court made the following:
O R D E R These petitions have been taken up on the basis of urgency pleaded by the learned counsel for the petitioner (common in both the petitions) to the effect that the mother of the petitioner has been admitted in the hospital at Davanagere.
2. Since the factual situation and law applicable are one and same in both the cases as such they have been clubbed and common order has been passed to avoid repetition of facts and reasons.
3. Criminal Petition No.9362/2018 has been filed by the petitioner/accused No.3 under Section 438 of Cr.P.C. praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.255/2017 of Hassan City Police Station for the offences punishable under Sections 379, 420 and 411 of IPC.
4. Criminal Petition No.9363/2018 has been filed by the petitioner/accused No.3 under Section 438 of Cr.P.C. praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.76/2017 of Hassan City Police Station for the offences punishable under Sections 420, 379 and 411 of IPC.
5. The gist of the complaint in Crl.P.No.9362/2018 is that on 04.09.2017 at about 6.00 P.M, the complainant after attending the function at Hassan was waiting for the bus in the Hassan bus stand to go to her village. At that time, the petitioner and other accused persons committed theft of golden ornaments worth Rs.1,50,000/- which were kept in her hand bag by diverting her attention and thereby, cheated the complainant. After registration of the case, charge sheet has been filed.
6. The gist of the complaint in Crl.P.No.9363/2018 is that on 03.04.2017 at about 4.30 P.M., when the complainant was sitting in the car which was parked in front of SRS Jewellers, Hassan, the petitioner and accused persons committed theft of golden ornaments and cash of Rs.2,50,000/-, Samsung Mobile Phone, Debit Card, Aadhar Card, which were kept in her hand bag by diverting her attention and thereby, cheated the complainant. After registration of the case, charge sheet has been filed.
7. I have heard the learned counsel appearing for petitioner and the learned High Court Government Pleader for respondent – State.
8. It is the submission of the learned counsel for the petitioner that the petitioner is innocent and he is working as pujari at Sri Anjaneya Swamy Temple. In this case, investigation is over. He further submitted that the name of the petitioner is not found in the FIR and no recovery has been made at the instance of the petitioner. It is further submitted that already accused No.1 has been released on bail. On the ground of parity, the petitioner/accused No.3 is also entitled to be released on bail. On these grounds, he prayed to allow the petition and to release the petitioner/accused No.3 on anticipatory bail.
9. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner-accused No.3 along with other accused persons by diverting the attention of the complainant have stolen the hand bag which was containing golden ornaments, cash and other articles and thereby, they have committed theft by cheating the complainants. She further submitted that petitioner/accused No.3 is absconding and he was not available for the purpose of investigation or interrogation. If he is enlarged on bail, he may involve in similar type of activities. On these grounds, she prayed to dismiss the petition.
10. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for both the parties and perused the records.
11. As could be seen from the records, it is alleged that on 04.09.2017 and 03.04.2017, the accused persons have diverted the attention of the complainants and have stolen the hand bag which was containing golden ornaments worth Rs.1,50,000/-, cash of Rs.2,50,000/- and other articles that is the matter to be considered and appreciated only at the time of trial. Charge sheet is also filed. The alleged offences are not punishable with death or imprisonment for life and there are no criminal antecedents as against the petitioner. Under the similar facts and circumstance, accused No.1 has already been released on bail, I feel that by imposing some stringent conditions, if the petitioner/accused No.3 is released on bail, it is going to meet the ends of justice.
12. In the light of discussions held by me above, petitions are allowed and the petitioner/accused No.3 is ordered to be released on anticipatory bail in the event of his arrest in Crime No.255/2017 and Crime No.76/2017 of Hassan City Police Station for the offences punishable under Sections 379, 420 and 411 of IPC subject to the following conditions:
1. Petitioner/accused No.3 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. He shall surrender before the Investigating Officer within 15 days from today.
3. He shall co-operate with the Investigating Officer for the purpose of investigation.
4. He shall not tamper with the prosecution evidence either directly or indirectly.
5. He shall not leave the jurisdiction of the Court without prior permission 6. He shall mark his attendance once in a month, i.e., 1st of every month between 10.00 a.m., and 5.00 p.m., before the jurisdictional police station, till the charge sheet is filed.
Sd/- JUDGE UN