IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION No.445/2019 BETWEEN:
Sri Zakir Pasha S/o Taj Pasha, Aged about 20 years, R/at No.8 D Cross, New Gurappanpalya, BG Road, Bengaluru-560 029. …Petitioner (By Sri S. Ismail Zabiulla, Advocate) AND:
The State of Karnataka By Hulimavu Police Station, Rep. By State Public Prosecutor, High Court Building, Bengaluru-560 001. …Respondent (By Sri M. Divakar Maddur, HCGP) This Criminal Petition is filed under section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.318/2018 of Hulimavu Police Station, Bengaluru City for the offence punishable under Section 120B, 307 and 394 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The present petition has been filed by the petitioner- accused No.4 under Section 439 of Cr.P.C to release him on bail in Crime No.318/2018 of Hulimavu Police Station, Bengaluru City for the offences punishable under Sections 120(B), 307, 394 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. The case of the prosecution is that on 14.12.2018 at about 9.15 p. m. when the complainant- G.Nagaraju was in his house, some robbers robbed 40 grams gold ornaments, mobile phone, by committing criminal trespass, armed with deadly weapons by keeping the complainant and inmates of the house under threat, they have robbed the said articles. He further submitted that the said robbers wore monkey caps and their identity is concealed. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner that the provisions of Section 307 and 394 of Cr.P.C are not attracted and no injuries were found and no weapons have been recovered at the instance of the petitioner-accused No.4. He further submitted that no test identification parade has been conducted and complainant has not sustained even minor injuries. Because of family disputes, a false case has been registered against his wife and others. He further submitted that the alleged offences are not punishable with death or imprisonment for life. The petitioner- accused No.4 is ready to abide by any of the terms and conditions that may be imposed by this Court and also ready to offer surety, if petitioner-accused No.4 is released on bail. On these grounds, he prayed to allow the petition and to release the petitioner-accused No.4 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that accused No.1 was having illicit relation with accused No.2 who is the wife of the complainant. He further submitted that petitioner-accused No.1 along with accused No.2 has administered the sleeping pills to the complainant and they have conspired to kill him. Petitioner-accused No.4 has carried the articles and the deadly weapons. He further submitted that he is involved in a serious offence along with other accused persons. If the petitioner- accused No.4 is released on bail, he may abscond and he may tamper with the prosecution evidence and he may not be available for the trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and the submissions made by the learned counsel appearing for the parties and perused the records.
7. As could be seen from the contents of the complaint that it is alleged that when the accused person entered the house of the complainant and threatened him by committing the criminal trespass, armed with lethal weapon by keeping the complainant and inmates of the house under threat and took away 40 grams gold and mobile phone etc., but no recovery has been made at the instance of the petitioner-accused No.4. The alleged offences are not punishable with death or imprisonment for life. The contention of the learned counsel for the petitioner submitted that the complainant has not suffered any injuries and there is no threat to his life. Under the facts and circumstances, I feel that if the petitioner-accused No.4 is released on bail by imposing some stringent conditions, then it is going to meet the ends of justice.
8. In that light, the petition is allowed and the petitioner-accused No.4 is ordered to be released on bail in Crime No.318/2018 of Hulimavu Police Station, Bengaluru City for the offences punishable under Sections 120(B), 307, 394 of IPC subject to following conditions:
1. Petitioners-accused No.4 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 trial Court.
2. He shall not tamper with the prosecution evidence in any manner.
3. He shall not indulge in similar type of criminal activities in future.
4. He shall not leave the jurisdiction of the Court or Board without it’s prior permission.
5. He shall mark his attendance on the first date of every month between 10:00 a.m to 5:00 p.m till the trial is concluded.
HA/-
Sd/- JUDGE