IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.6975/2017 BETWEEN Santhosha, S/o Kempanna, Aged about 21 years, R/at Kumbaradoddi, Hamlet of Maralavadi, Maralavadi Hobli, Kanakapura Taluk, Ramanagara District. ...Petitioner (By Sri Sreenivasa Kumar D.G., Adv.) AND State of Karnataka by Harohalli Police Station, Kanakapura Taluk, Ramanagara District, Represented by Government Pleader, High Court of Karnataka, Bengaluru. ...Respondent (By Sri S.Vishwamurthy, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Crime No.226/2017 of Harohalli Police Station, Ramanagara District for the offences punishable under Sections 399, 402 of I.P.C.
This Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner apprehends arrest by the respondent-police in their Crime No. 226/2017 registered in respect of the offences punishable under Sections 399, 402 of IPC.
2. The allegation is, accused Nos.1 to 5 had assembled to commit dacoity of the commuters on road. They were equipped with clubs, chilli powder and a Indica Car. The Investigating Officer along with his squad surrounded them, three of them were apprehended and two disappeared from the spot leaving behind their clubs.
3. As per the submission of learned counsel for the petitioner, petitioner is facing trial in two cases registered in respect of the offences punishable under Sections 399, 402 of IPC. In fact, he is a autorikshaw driver. One week before registration of the case, the Autorikshaw drivers were on strike against police atrocities. On the said occasion, there was altercation between the members of the Autorikshaw Driver’s Association and the police and they had threatened the petitioner and his friends to implicate in criminal cases. Present complaint is the eventuality of the above said incident. He strongly disputes his involvement in the alleged offence.
Considering the fact that the petitioner is arrayed as accused on the voluntary statement of the arrested accused persons and since he disputes his involvement in the offence and he is said to be the permanent resident of the cause title address, the Petition is allowed. Petitioner is granted anticipatory bail in Crime No.226/2017 registered by the respondent-police, subject to the following conditions:
(1) He shall forthwith appear before the respondent-Investigating Officer; and in that event, the Investigating Officer is at liberty to interrogate him.
(2) In the event of his arrest, he shall be released on bail on executing a self bond for a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the concerned Court.
(3) He shall appear before Investigating Officer as and when called upon and he shall not indulge in illegal activities.
Sd/- JUDGE Mkm*