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.7934/2019 BETWEEN:
JAVEED, S/O EQBAL, AGE ABOUT 27 YEARS, R/O NO.2595, PULIKESHI ROAD, MANDI MOHALLA, MALAVALLI TALUK, MYSURU, PIN CODE – 570 005. … PETITIONER (BY SRI SOMASHEKHAR KASHIMATH, ADVOCATE) AND:
THE STATE OF KARNATAKA THROUGH DEVARAJA POLICE, MYSURU, PIN CODE – 570 005.
REPRESENTED BY SPP HIGH COURT OF KARNATAKA, BENGALURU – 560 001. ... RESPONDENT (BY SRI ROHITH B.J., HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CRIMINAL PROCEDURE CODE, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.104/2019 REGISTERED BY DEVARAJA POLICE STATION, MYSURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 399 AND 402 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. Petitioner is arraigned as accused No.5 in Crime No.104/2019 registered by the respondent – police for the offence under Sections 399 and 402 IPC.
3. Brief facts of the case are that, on 09.10.2019, the respondent - police received a credible information that some people are assembled near J.K.Ground Compound next to Dasappa Circle with deadly weapons in order to commit dacoity. Immediately police personnel went there and arrested some of the accused persons who assembled there with deadly weapons in their hands like chilly powder, choppers, etc. On the basis of suspicion, police have arrested petitioner along with other accused persons. At this stage, it is only the suspicion of the police that petitioner and others gathered there for the purpose of committing dacoity. The said suspicion has to be established during the course of full dressed trial in order to attract the provision of Section 395 IPC.
4. Under the above said facts and circumstances of the case, at this stage, petitioner has established a case for grant of bail. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.104/2019 registered by Devaraja Police Station for the offence punishable under Sections 399 and 402 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 one solvent surety 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 appear before the Investigation Officer once in a week on every Sunday between 10 a.m. and 5 p.m. till the filing of the final report or for a period of two months, whichever is earlier.
Sd/-
JUDGE PKS