IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. No.8459/2019 BETWEEN SHIVARAJU, S/O. PUTTASWAMY, AGED ABOUT 24 YEARS, R/AT. NO.187 IGGALURU VILLAGE CHANNAPATNA DISTRICT, PIN CODE NO.562117 (BY SRI. RAJU C.N., ADVOCATE) AND .. PETITIONER STATE BY MADDUR POLICE, MANDYA, REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001 … RESPONDENT (BY SRI.ROHITH B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN Crime No.306/2015 OF MADDUR POLICE STATION, MANDYA, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 188 AND 379 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 HCGP for the Respondent –State. Perused the records.
2. The petitioner is arraigned as Accused No.15 in Crime No.306/2015 of Maddur Police, Mandya, for the offence punishable under Sections 188 and 379 of IPC, now pending before the Court of Additional Civil Judge (Jr.Dn.) and JMFC, Maddur.
3. The brief facts of the case are that, on 16.07.2015, the respondent-police have received a credible information that, 13 persons were illegally extracting sand near Shimsha River Bank at Koolkagere Village without a valid licence. Immediately, the police went to the spot and caught hold 13 persons, arrested them and enquired them. During the course of enquiry, the accused persons, who were said to have been arrested, disclosed the name of this petitioner, who stated to have ran away from the spot. It appears, that the petitioner’s name has been included in the FIR by the police on the basis of the statement of other accused persons. The entire FIR discloses that, the information received by the police that 13 persons are illegally extracting the sand from Shimsha River Bank and subsequently, those 13 persons were arrested. The police never stated that they saw any other person running away from the spot. But, on the basis of the statement of the other accused persons, they have filed the charge sheet against this petitioner also.
4. In the above said facts and circumstances, in my opinion, the petitioner is entitled to be enlarged on Anticipatory Bail on certain conditions. Hence, the following,-
ORDER The petition is allowed. Consequently, the petitioner (A.15) shall be released on bail in the event of his arrest in connection with Crime No.306/2015 of Maddur Police Station, Mandya District, registered for the aforesaid offences, which is now pending before the Court of Additional Civil Judge (Jr.Dn.) & JMFC Court, Maddur, Mandya District, 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 a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not tamper the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all 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, till the case registered against him is disposed of.
Sd/-
JUDGE KGR*