IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.3317 OF 2019 C/W CRIMINAL PETITION No.3305/2019, CRIMINAL PETITION NO.3302/2019 & CRIMINAL PETITION NO.3465/2019 IN CRL.P.NO.3317/2019 BETWEEN:
Sri.Vishwanatha.S, S/o.Srinivas.K, Aged about 20 years, R/at No.291/1, Gayathrinagar, Halepalya Post, Ward No.10, Tiptur Town, Tumkur District-89. …Petitioner (By Sri.Pratheep.K.C, Advocate) AND:
The State of Karnataka, Rep. by Nonavinakere Police Station, Tumkur District, Rep. by its State Public Prosecutor, High Court of Karnataka, Bengaluru-01. ... Respondent (By Sri.S.Rachaiah, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.109/2018 of Nonavinakere Police Station, Tumakuru for the offence punishable under Sections 395, 363 of IPC.
IN CRL.P.NO.3305/2019 BETWEEN:
Bharath.S, S/o.Sridharamurthy, Aged about 21 years, R/o No.257, Aadhilakshminagara, Halepalya Post, Ward No.10, Tiptur Town, Pin No.-572 201. …Petitioner (By Sri.Lakshmikanth.K, Advocate) AND:
State of Karnataka by Nonavinakere Police Station, Rep. by its Public Prosecutor, High Court Building, Bengaluru-01. ... Respondent (By Sri.S.Rachaiah, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.109/2018 of Nonavinakere P.S., Tumkuru District for the offence punishable under Sections 363, 395 of IPC.
IN CRL.P.NO.3302/2019 BETWEEN:
Sri.Pavan Yadav, S/o.G.T.Sadashivaiah, Aged about 25 years, R/at Chikkasandra, 5th Cross, Near Sapthagiri College, Chikka Banavara, Bengaluru-89. …Petitioner (By Sri.Pratheep.K.C, Advocate) AND:
The State of Karnataka, Rep. by Nonavinakere Police Station, Tumkur District, Rep. by its State Public Prosecutor, High Court of Karnataka, Bengaluru-01. ... Respondent (By Sri.S.Rachaiah, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.109/2018 of Nonavinakere P.S., Tumkuru District for the offence punishable under Sections 395, 363 of IPC.
IN CRL.P.NO.3465/2019 BETWEEN:
Mr.Ragavendra.H.N, S/o.Late.Nagaraju, Aged about 23 years, Sriram Nagar, Jantha House Nagara, Honnavalli Post, Tiptur Taluk-572 201. …Petitioner (By Sri.Gireesha.R.J, Advocate) AND:
State of Karnataka, By Nonavinakere Police, Tiptur-572 201, Represented by State Public Prosecutor, High Court of Karnataka, Bengaluru-560 001. ... Respondent (By Sri.S.Rachaiah, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.109/2018 (C.C.No.198/2019) of Nonavinakere P.S., Tumakuru for the offence punishable under Sections 363 and 395 of IPC.
These Criminal Petitions coming on for Orders, this day, the Court made the following:
COMMON ORDER The petitioners accused No.5 in Crl.P.No.3317/2019, accused No.2 in Crl.P.No.3302/2019, accused No.4 in Crl.P.No.3305/2019 and accused No.6 in Crl.P.No.3465/2019 are seeking to be enlarged on bail in connection with their detention pursuant to proceedings in Crime No.109/2018 for the offences punishable under Sections 363 and 395 of IPC.
2. As all the accused have been detained pursuant to proceedings in Crime No.109/2018, Criminal Petitions are disposed of by a common order.
3. The case of the prosecution is that complaint was lodged by the driver of the Mahindra Maximo vehicle alleging that on 20.11.2018, when he was going to Kabballi he picked up certain passengers and dropped them at Tiptur and later it is stated that he was on his way back to Nonavinakere and he picked up a lady passenger. It is stated that thereafter two other passengers also boarded the vehicle. It is stated that en route some of the passengers picked up quarrel stating that they want to get down and at that instant it is stated that an Indica car came from the Tiptur direction and blocked the road. It is stated that the accused allegedly got down from the car and threatened the complainant, assaulted him and took away cash of Rs.3,000/- and mobile phone of the complaint and had fled away. On the basis of the complaint filed on the next day, FIR was registered, investigation is completed and charge sheet has been filed.
4. The learned counsel for the petitioners point out that the case as regards the petitioners is a matter to be proved during trial as the petitioners were strangers and identity of the petitioners is required to be established during trial. More so in the light of the fact that incident has occurred after dusk. It is further submitted that the petitioners are in custody since 03.01.2019 and the present proceedings cannot be construed to be punitive in nature. It is further submitted that only as regards accused No.2, there are criminal antecedents.
5. Taking note of the fact that the petitioners are strangers as regards the complainant, identity of the accused is to be proved in-accordance-with-law, during trial.
6. Taking note of the fact that petitioners are in custody since 03.01.2019 and investigation is completed, petitioners are entitled to be enlarged on bail. As the punishment prescribed for the offence not being punishable with imprisonment for life, case is made out for enlarging the petitioners on bail.
7. Accordingly, petitions are allowed and petitioners are entitled to be enlarged on bail in Crime No.109/2018 for the offences punishable under Sections 363 and 395 of IPC, subject to the following conditions:
(i) The petitioners shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) each with two sureties each for the likesum to the satisfaction of the concerned Court.
(ii) The petitioners shall mark their attendance before the concerned Station House Officer once in a month between 10.00 a.m. and 5.00 p.m., till completion of trial.
(iii) The petitioners shall fully co-operate for the expeditious disposal of the trial.
(iv) The petitioners shall not tamper with evidence, influence in any way any witness.
(v) In the event of change of address, the petitioners to inform the same to the concerned SHO.
(vi) The petitioners shall not indulge in any criminal activities of like nature.
(vii) Any violation of the aforementioned conditions by the petitioners, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE NS