IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.5457 OF 2017 BETWEEN:
HANUMANTHA, AGED ABOUT 31 YEARS, S/O THIPPESH, R/O K.B.CROSS, KIBBANAHALLI, TIPTUR TALUK, TUMKUR DISTRICT.
(BY SHRI. PRATHEEP K.C., ADV.) AND:
STATE BY EXTENSION POLICE, HASSAN REP. BY THE PUBLIC PROSECUTOR, HIGH COURT, BENGALOORU 560001.
... PETITIONER ...RESPONDENT (BY SHRI CHETAN DESAI, HCGP.) THIS CRL.P. IS FILED UNDER SECTION 439 CR.P.C BY THE ADVOCATE FOR THE PETITONER, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO. 49/2012 OF HASSAN EXTENSION POLICE STATION, HASSAN AND C.C.NO. 628/2017, FOR THE OFFENCES P/U/S 398, 399, 511 OF IPC.
THIS CRL.P. COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This is a petition filed by the petitioner - accused No.5 under Section 439 of Cr.P.C. seeking his release on bail for the alleged offences punishable under Sections 398, 399 and 511 of IPC registered in respondent – police station as Crime No.49/2012 and now pending in C.C.No.628/2012 on the file of the IV Additional Civil Judge and JMFC at Hassan.
2. Brief facts of the prosecution case as per the complaint averments on the basis of the complaint by one Nagesh are that his friend Balasomashekar had gone to his native, instructing the complainant to keep watch of Balasomashekar’s house which was situated at III Cross, Kuvempunagar, Hassan. On 9.3.2012 at about 3.30 a.m., complainant had heard some voice from his friend’s house which was locked and he saw that five persons were trying to break open the house with deadly weapons. Immediately, he called the police and when the police reached, three persons who were standing outside had absconded and the other two persons were arrested.
3. On the basis of the said complaint, a case came to be registered. During the course of investigation, the present petitioner has been arrayed as Accused No.5.
4. Heard the arguments of the learned counsel for petitioner – Accused No.5 and also the learned High Court Government Pleader for the respondent – State.
5. I have perused the grounds urged in the bail petition, FIR, complaint, so also the entire charge sheet material, and other materials produced by the petitioner along with the petition.
6. Looking to the complaint averments, the alleged incident is said to have taken place during the night, as stated by the complainant himself in the complaint. Two out of them, that is Accused Nos.1 and 4, which was ascertained later, entered into the house and three other persons out of the five were waiting outside the house. Coming to know the arrival of the police, those three persons had run away in the darkness and the other two accused were taken to custody by the police.
7. Looking to the documents produced by the learned counsel for the petitioner, that is the order- sheet extract in respect of C.C.No.628/2012 on the file of the Principal Civil Judge and JMFC, Hassan, it is seen that Accused Nos.2, 3 and 5 are absconding and Accused Nos.1 and 4 are on court bail. The materials also go to show that Accused No.5 who is the present petitioner was secured by issuing a body warrant. Looking to the material placed on record, the main allegations are against the persons who entered into the house, that is Accused Nos.1 and 4 who have been already granted bail by the concerned JMFC Court. The present petitioner contended in the bail petition that he is innocent and was not involved in committing the alleged offence. Only on the voluntary statement of Accused Nos.1 and 4, he has been secured through a body warrant. Hence, the counsel for the petitioner submitted that the petitioner is ready to abide by any reasonable conditions to be imposed by the court.
8. The investigation is completed and charge- sheet is also filed. Alleged offence is also not exclusively punishable with death or imprisonment for life.
9. Hence, petition is allowed. Petitioner - Accused No.5 is ordered to be released on bail in connection with Crime No.49/2012 registered for the above said offences, subject to the following conditions:
1. Petitioner shall execute a personal bond for a sum of Rs.50,000/- and furnish one surety for the likesum to the satisfaction of the concerned Court.
2. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
3. Petitioner shall appear before the concerned Court regularly.
Sd/- JUDGE KS