IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.2040 OF 2017 BETWEEN:
SRI. YASHWANTH, S/O. SRI ASHOK KUMAR, AGED ABOUT 21 YEARS, R/AT NO.400, 2ND CROSS, BEHIND MARIYAMMA TEMPLE COOLIE BLOCK, BHADRAVATHI, SHIMOGGA-577301.
ALSO AT KAVERINAGAR, IR POLYTECHNIC COLLEGE, LAGGERE, BENGALURU-560068.
(BY SRI. V.R. BALARAJ, ADV.,) AND:
STATE OF KARNATAKA, BY S.H.O. OF R.M.C. YARD POLICE STATION, BANGALORE CITY, REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, ... PETITIONER BANGALORE-560 001. ... RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL. PETITION IS FILED U/S 439 CR.P.C PRAYING THAT THIS HON’BLE COURT BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.224/2016 OF RMC YARD POLICE STATION, BENGALURU CITY, FOR THE OFFENCE P/U/S 394,395 AND 397 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The respondent-police registered a case in the Crime No. 224/2016 dated 29.12.2016 against unknown persons in respect of the offence punishable under Section 394,395 and 397 of IPC. During the pendency of the petition, charge sheet was filed arraying the petitioner here in as an accused No.2. Accused Nos. 4 and 5 are said to be absconding.
2. The case of the prosecution is that on 29.12.2016 the accused way-laid CW1, extorted his Micromax mobile and cash of Rs.500 and fled away. During the course of the investigation the stolen mobile phone is seized from the possession of A1.
Investigation since complete, having regard to the nature of the allegations there is no there is no impediment to allow the petition.
3. Accordingly, petition is allowed. Petitioner is enlarged on bail in Cr.No. 224/2016 registered by the respondent-Police, subject to following conditions:
(i) He shall execute a self bond for Rs.50,000/- with one local surety for the likesum to the satisfaction of the concerned Court. The concerned court while accepting the surety bonds, shall examine the original title deeds pertaining to the properties, identity card and aadhar card of the surety.
(ii) He shall attend the Court on all hearing dates regularly and punctually.
(iii) He shall mark his attendance before SHO of the concerned respondent-Police station on every alternate Thursday till the conclusion of the trial (iv) He shall not indulge in any criminal activities and shall not prevail upon or threaten the prosecution witnesses.
Sd/- JUDGE akv