IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.5653 OF 2019 BETWEEN:
SHREEKANTHA, S/O MANJUNATH, AGED ABOUT 28 YEARS, OCC: WORKING IN P.R.O., GOLD SHOP, R/O. D.No.11/4, GROUND FLOOR, SUVARNA BHAVANA, QUEENS ROAD, BENGALURU CITY, PIN No.560 001.
...PETITIONER (BY SRI. LAKSHMIKANTH.K, ADVOCATE) AND:
STATE OF KARNATAKA BY AZAD NAGARA POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001.
…RESPONDENT (BY SRI. ROHITH.B.J., HIGH COURT GOVERNMENT PLEADER) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF THE CRIMINAL PROCEDURE CODE, 1973, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.No.113/2015 (C.C.No.103/2017) REGISTERED BY AZAD NAGAR POLICE STATION, DAVANAGERE, PENDING ON THE FILE OF J.M.F.C.-III COURT, DAVANAGERE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 380, 457 AND 411 OF THE INDIAN PENAL CODE, 1860.
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 State. Perused the records.
2. The petitioner is arraigned as accused No.5 in Crime No.113/2015 (C.C. No.103/2017) registered by Azad Nagar Police Station, Davanagere City Circle, for the offence punishable under Sections 380, 411 and 457 of the Indian Penal Code, 1860 (‘IPC’ for short).
3. The charge sheet allegations disclose that accused Nos.1, 2, 3 and 4 were all friends and in fact, they were in the habit of committing dacoity in locked houses in the night hours. In this context, it is alleged that on 07.09.2015, accused Nos.1 to 4 have broke open the lock of the house of CW.1 and committed the theft of cash, gold and silver articles. Accused Nos.1 to 4 were nabbed and during the course of investigation, their voluntary statements were recorded. They disclose that accused No.2 has sold gold bangles weighing about 30 grams and worth Rs.64,452/- in favour of this petitioner and except that there is no allegation made against this petitioner. The main allegations are made against accused Nos.1 to 4, who have actually committed the offences punishable under Sections 457 and 380 of the IPC. The only offence under Section 411 of the IPC is attracted insofar as this petitioner is concerned, which is not compoundable and not punishable either with death or imprisonment for life. The petitioner apprehends arrest at the hands of the Police.
4. Under the above said circumstances, the petitioner is entitled for grant of anticipatory bail. However, it is made clear that on the surrender of the petitioner to the Police, if any interrogatory investigation material is recovered from him, the same shall be continued to be kept in the custody of the Police during that particular point of time. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.113/2015 (C.C.No.103/2017) of Azad Nagar Police Station, Davanagere, registered for the aforesaid offences, which is now pending on the file of Hon`ble JMFC-III at Davanagere, subject to the following conditions:
(i) The petitioner shall surrender himself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and he shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the like-sum to the satisfaction of the concerned Investigating officer.
(ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
(iii) The petitioner shall cooperate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
(iv) The petitioner shall not leave the jurisdiction of the Investigation Officer without prior permission of the Court, till the charge sheet is filed or for a period of three months, whichever is earlier.
(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 sma