IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8943 OF 2018 BETWEEN SAGAR, S/O ARMUGAM AGED ABOUT 21 YEARS, R/AT NO.11, I CROSS, SUNRISE COLONY, CHOLANAYAKANAHALLI, R T NAGAR POST, BENGALURU-560 032. ... PETITIONER (BY SRI S.P.S. KHADRI, ADV.) AND THE STATE OF KARNATAKA BY HEBBAL POLICE STATION, BENGALURU.
REPRESENTED BY THEIR STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560 001. ... RESPONDENT (BY SRI.K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.200/2018 REGISTERED BY HEBBAL POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 397 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is accused No.1 in Crime No.200/2018 of Hebbala Police Station. Petitioner and second accused were charge sheeted in the said case for the offence punishable under Section 397 of Indian Penal Code.
2. It is alleged that on 14.10.2018 at 00.20 hours when C.W.1 was proceeding in his autorikshaw near Sunrise Colony, R.T.Nagar, Bengaluru with his mother Shivamma, the accused waylaid them using Hond Deo Scooter, assaulted C.W.1 on his face and robbed his mobile phone and sped away.
3. Initially complaint was filed against unknown persons. According to the prosecution, on 11.11.2018 respondent Police apprehended accused on suspicion and their interrogation revealed the involvement of the accused in the present case. It is further alleged that on the basis of the voluntary statement given by the petitioner the robbed mobile phone was recovered from him and on the basis of the voluntary statement of the accused, the Honda Deo Scooter used in commission of the offence was recovered from the second accused.
4. As per the complaint, accused was stranger to the complainant. Mother of the complainant was eye- witness to the incident and she is not cited as charge sheet witness. Subject matter of the offence is already recovered. Under these circumstances, it is a fit case to grant bail with suitable conditions. Therefore, petition is allowed.
Petitioner is granted bail in Crime No.200/2018 of Hebbala Police Station, subject to the following conditions:
1) The petitioner shall execute personal bond in a sum of Rs.25,000/- and furnish two sureties in the like-sum to the satisfaction of the Magistrate/Court for his appearance;
2) He shall appear before the Court as and when required for the purpose of enquiry /trial;
3) He shall not tamper the prosecution witnesses by threats, inducement or otherwise;
4) He shall mark his attendance before the Investigating Officer on alternate Sunday of each month in his office till the matter is committed to the Sessions Court.
Sd/- JUDGE HR CT-HR