IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.8863/2018 BETWEEN:
Venkatesha, S/o.Gangadharappa, Aged about 35 years, Residing at Gerupalya Village, Kumbalagudu Post, Kengeri Hobli, Bengaluru-560 075.
(By Sri.H.A.Ramalingegowda, Advocate) ...Petitioner AND:
State of Karnataka, Gubbi Police Station, Tumakuru District, Rep. by the State Public Prosecutor, High Court Building 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 Crime No.300/2015 (S.C.No.99/2018) of Gubbi Police Station, Tumkuru District for the offence p/u/s 395, 411 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. seeking his release on bail in Crime No.300/2015 of Gubbi Police Station for the offences punishable under Sections 395 and 411 of IPC (in S.C. No.99/2018) pending on the file of Principal District and Sessions Judge, Tumakuru.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. It is alleged that dacoity was committed by the petitioner along with other accused persons by carrying canter vehicle loaded with 850 cases of liquor bottles to Honnavar worth Rs.18 lakhs. This petitioner stopped the vehicle near Gubbi and forcibly took vehicle to Doddakambarahalli, Piriyapattana taluk and unloaded the same.
4. This Court by order dated 17.03.2016 in Crl.
P. No.1737/2015, released the accused petitioner on bail by imposing certain conditions. Subsequently, the petitioner remained absent and NBW has been issued and he has been taken to custody. Thereafter, an application under Section 439 of Cr.P.C., came to be filed before the Court below to release the accused petitioner on bail. But the Court below by taking into consideration the fact that the petitioner/accused has violated the fourth condition, has rejected the bail application.
5. It is the submission of the learned counsel for the petitioner that the accused petitioner has been falsely implicated in Crime No.88/2017, for the offences punishable under Sections 457 and 380 of IPC. It is alleged in the said complaint that the petitioner herein has received the stolen articles from accused Nos.1 and 2 therein and deliberately the said case has got registered against the petitioner/accused. It is further submitted that he is ready to abide by any conditions imposed on him by this Court and ready to offer the surety. On these grounds, he prayed to allow the petition and to release the petitioner/accused No.1 on bail.
6. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused has violated the conditions imposed by this Court while releasing him on bail. He has remained absent before the Court below and now, the trial Court after considering the facts and circumstance of the case, has rightly rejected the bail application. On these grounds, he prayed to dismiss the petition.
7. I have carefully and cautiously gone through the submission made by the learned counsel for the petitioner and learned High Court Government Pleader.
8. As could be seen from the records it is undisputed fact that the petitioner approached this Court in Crl.P. No.1737/2015 and this Court by order dated 17.03.2016, released him on bail by imposing certain conditions. One of the conditions is that “They shall not involve themselves in any criminal activities.”
But as could be seen from the order of the trial Court, the petitioner has involved in Crime No.88/2017 for the offences punishable under Sections 457 and 380 of IPC. I have carefully and cautiously gone through the chargesheet material therein, the only allegation which has been made is that he has received the stolen articles from accused Nos.1 and 2 therein. There is no serious allegations to show that he involved in heinous crime.
9. Under the said facts and circumstance of the case, I feel that the petitioner has made out the case to release him on bail. In that light, petition is allowed.
10. Petitioner/accused No.1 is enlarged on bail in Crime No.300/2015 of Gubbi Police Station for the offences punishable under Sections 395 and 411 of IPC (in S.C. No.99/2018) pending on the file of Principal District and Sessions Judge, Tumakuru subject to the following conditions:
1. Petitioner/accused No.1 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not leave the jurisdiction of the Court without prior permission.
3. He shall mark his attendance once in 15 days between 9.00 a.m., to 5.00 p.m., till the trial is concluded.
4. He shall regularly appear before the Court below.
5. He shall not involve himself in any criminal activities, if any such case is registered, automatically this bail stands cancelled.
Sd/- JUDGE VBS