IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.3221/2019 BETWEEN:
SRIPADU. R, S/O RAVICHANDRAN. S, AGED AABOUT 22 YEARS, R/AT SRI. SAI ENCLAVE APARTMENTS PLOT, NO.502, 1ST A CROSS, CANARA BANK COLONY, CHIKKALLASANDRA, BENGALURU-560 061. …PETITIONER (BY SRI. IAN LEWIS, ADVOCATE) AND:
STATE BY:
SUBRAMANYAPURA POLICE STATION, BENGALURU-560 061, REPTD. BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.2/2019 OF SUBRAMANYAPURA P.S., BANGALORE FOR THE OFFENCE P/U/S 397 OF IPC AND ETC., THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and learned High Court Government Pleader for State. Perused records.
2. The factual matrix which emanate from the FIR is that on 4.01.2019 at about 19.45 p.m. when the complainant by name G.Girija was walking towards her sister’s house, situated at 3rd cross, BDA Layout, BSK 5th stage, near Patalamma temple, Subramanyapura Post, Uttarahalli B-61, about two persons, aged about 25-30 years came in a motorcycle and one person snatched gold mangalya chain from the neck of the complainant weighing about 45-50 gms, containing 2 havala, 2 gundu and 2 thali and another person was standing with bike at a distance and after snatching the chain, both sped away from the spot. It is further alleged that on 6.4.2019, the accused were apprehended and chain was recovered weighing about 30 gms. The complainant has later identified the petitioner as one of the accused.
3. During the course of the argument, learned HCGP has brought to the notice of this Court that other case of like nature is pending against the petitioner.
4. The offence under Section 397 is not punishable either with death or imprisonment for life and recovery has already been made and no other cases are pending against this petitioner and the recovered gold chain is also weighing less compared to the chain which was lost by the complainant. Therefore, during the course of trial, the prosecution has to prove beyond reasonable doubt that the accused persons have committed such an offence. In the above said circumstances, particularly under Section 439 of Cr.P.C., as the accused has been in jail since 6.04.2019, he is entitled to be enlarged on bail. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner (A1) shall be released on bail in connection with Crime No.2/2019 of Subramanyapura Police station, Bengaluru, for the offence under Section 397 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rs. One lakh only) with two 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 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 fortnight i.e., on Sunday between 10.00 a.m. and 5.00 p.m. before the Investigating Officer for a period of two months or till final report is filed before court, whichever is earlier.
SD/- JUDGE ln.