IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.8129/2019 BETWEEN:
MR. SRINIVASA S/O MR SHANTHAPPA, AGED 24 YEARS, RESIDENT OF GEDALON – DODDI VILLAGE, GUDI SANDAPALLI (P), BERIGAI HOBLI, SULAGIRI TALUK, KRISHNAGIRI DISTRICT, TAMILNADU – 635 117. … PETITIONER (BY SRI I.S. PRAMOD CHANDRA ADV.,) AND:
STATE OF KARNATAKA BY KORATAGERE POLICE TUMAKURU DISTRICT, THROUGH THE STATE PUBLIC, PROSECUTORS HIGH COURT BUILDING, DR.AMBERKAR VEEDHI, BANGALORE – 560 001. ... RESPONDENT (BY SRI ROHITH B.J., HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CRIMINAL PROCEDURE CODE, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.133/2019 REGISTERED BY KORATAGERE POLICE STATION, TUMAKURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 395 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State. Perused the records.
2. The petitioner is arraigned as accused No.5 in Crime No.133/2019 of Koratagere Police Station, Tumakuru for the offence punishable under Section 395 of IPC.
3. The brief facts of the case are that a lady by name Smt. Sharadamma lodged a complaint stating that on 12.08.2019 at about 9.20 P.M. after having dinner, she came out from the house in order to attend nature call. At that time, suddenly five unknown persons came there and caught hold of her and tied her hands and legs, threatening her if she shouts, she would be killed. Out of them, three persons assaulted her on the mouth and snatched her gold chain weighing 30 gms, ear stud weighing 4 gms. The accused persons also robbed pearl earrings weighing 8 gms and silver articles weighing 30 gms worth Rs.1,00,000/- which were kept in the cupboard. After untied the complainant, all the accused persons fled away from the spot.
4. Subsequently, the respondent police have nabbed the accused persons and recovered said articles from accused No.2. There are no allegations so far as this petitioner is concerned. It is alleged that, they are habitual offenders and they are convicted in other cases. Further added to the above, during the course of investigation, identification parade is also conducted and charge sheet has to be laid and it appears that charge sheet is at the fag end.
5. Looking to the above said facts and circumstances of the case, recovery has already been done, identification has to be substantially made so far as this petitioner is concerned. Whether this petitioner is actually involved in the said crime or not has to be established during the course of full- dressed trial.
6. Considering the nature of allegations and long incarceration of the petitioner, I am of the opinion that, the petitioner is entitled to be enlarged on bail. Hence, the following:
O R D E R The Petition is allowed. Consequently, the petitioner (A5) shall be released on bail in Crime No.133/2019 of Koratagere Police Station, Tumakuru for the offence under Section 395 IPC subject to the following conditions:
i. The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties for the like-sum to the satisfaction of the jurisdictional Court.
ii. The petitioner shall not indulge in tampering the prosecution witnesses.
iii. The petitioner shall appear before the jurisdictional Court on all the future hearing dates unless exempted by the Court for any genuine cause.
iv. The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of.
v. The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 a.m. and 5.00 p.m. before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE PKS