IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No. 2553/2019 Between:
Thejas, S/o Ramesh, Aged about 20 years, R/a # 20, 9th Cross, 4th Main, Agrahara Dasarahalli, Basaveshwara Nagara, Bangalore – 560 079. … Petitioner (By Sri Ranganath Reddy. R., Advocate) And:
State by Amruthur Police Station, Kunigal Circle, Tumkuru District.
(Represented by the State Public Prosecutor, High Court of Karnataka, Bangalore – 560 001). … Respondent (By Sri S. Rachaiah, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C., praying to enlarge the petitioner on bail in Cr. No.128/2018 (C.C. No.56/2018) registered by Amruthur Police Station, Tumakuru for the offences p/u/s 397, 395 and 120(B) of IPC.
This Criminal Petition coming on for orders this day, the Court, made the following:
ORDER Petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No. 128/2018 for the offences punishable under Sections 395 and 120B of IPC.
2. The case of the prosecution is that the complainant along with C.Ws.2, 3 and 4 had gone to the Siddalingeshwara Temple at Yediyur in Indica Car. At about 10.30 p.m. after they had reached Yediyur, they parked their car and were sleeping. At about 2.30 a.m., it is stated that the accused approached the vehicle and accused No.1 is stated to have displayed a rod and accused No.3 displayed a dagger and threatened C.Ws.
1 to 4 and snatched away the amount of Rs.500/-, mobile phone from C.W.1; amount of Rs.300, mobile phone, SBI ATM Card, KSRTC ID Card from C.W.2 and Rs.5700/- from C.W.3 and it is alleged that the accused have assaulted C.W.1. It is stated that subsequently, the accused persons fled from the spot. The complaint being lodged, FIR is registered, investigation is complete and charge sheet has been filed.
3. Learned counsel for the petitioner states that the overt acts made out in the case of the prosecution as per the charge sheet is only against accused Nos. 1 and 3. It is further stated that the proof of offence is a matter for trial. It is also submitted that there are no criminal antecedents.
4. Taking note of the fact that the petitioner is in custody since 28.12.2018 and also taking note of the case made out in the charge sheet which points out to overt acts being committed by accused No.1 and 3, the proof of the offence as regards the petitioner being a matte for trial, petitioner is entitled to be enlarged on bail.
5. Accordingly, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No. 128/2018 for the offences punishable under Sections 395 and 120B of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) The petitioner shall not indulge in any criminal activities of like nature.
(v) The petitioner shall physically present himself and mark his attendance before the concerned Station House Officer once in a month between 10.00 a.m. and 5.00 p.m., till the conclusion of trial.
(vi) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(vii) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE VP