IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10th DAY OF OCTOBER 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6647 OF 2019 BETWEEN:
1. SRI. Y.S. BABU @ BHADRANNA S/O SHANKARAPPA AGED ABOUT 38 YEARS R/AT. No.30 SHANKARAPPA LAYOUT MARUTHINAGAR, KOGILI ROAD YELAHANKA, BENGALURU-560064.
2. SRI. C. VENKATESH S/O VENKATARAMANA AGED ABOUT 50 YEARS R/AT. NARAYANAPPA BUILDING MARUTHINAGAR, KOGILI ROAD YELAHANKA, BENGALURU-560064.
… PETITIONERS (BY SRI. G. RAMANA, ADV.) AND:
STATE OF KARNATAKA REPRESENTED BY ITS TUMKUR RURAL P.S. TUMKUR TOWN-560001 REP. SPP HIGH COURT BUILDING BENGALURU-01.
… RESPONDENT (BY SRI. ROHITH B.J. HCGP) - - -
This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in CR.No.122/2019 of Tumkur Rural P.S., Tumakuru for the offence P/U/S 394, 397 and 120B of IPC.
This Petition coming on for Orders this day, the Court made the following:-
ORDER Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent - State and perused the records.
2. Petitioners are arraigned as accused Nos.5 and 6 in Crime No.122/2019 on the file of respondent Police, for the offences punishable under Sections 397 and 120B of IPC.
3. Brief facts of the case are that, on 26.05.2019 at about 11.30 am, when complainant by name Leelavathi and her husband Paramashiva Murthy were in the house, four unknown persons approached under the guise of getting a house on rent and after negotiation they went away. It is also alleged that at 7.15 p.m. those four persons under the guise of getting drinking water, entered the house and assaulted the complainant and her husband and snatched some gold ornaments and cash in the cupboard. Making such allegations, a complaint has been lodged on 05.06.2019.
The identification has already been done during the course of investigation in the police station. The recovery has already been made in connection with the case and there is a delay of 9 days in lodging the complaint. Though this cannot be a serious ground to grant bail, but looking to the facts of the case, delay also in my opinion play a dominant role. Apart from the above, the accused No.1 has already approached this Court in Crl.P.No.5545/2019 and vide orders dated 30.08.2019, this Court has already granted bail to accused No.1. Even on the ground of parity also, the petitioners are entitled to be enlarged on bail. Hence, I proceed to pass the following order:
The Petition is allowed. Consequently, the petitioners - accused Nos.5 and 6 shall be released on bail in connection with Crime No.122/2019 of Tumakuru Police Station registered for the offences punishable under Sections 397 and 120(B) of IPC, subject to the following conditions:
(i) The petitioners shall execute a personal bond each for a sum of Rs.1,00,000/-(Rupees One Lakh only) with two sureties each for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioners shall not indulge in tampering the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against them is disposed of.
Sd/- JUDGE RV