IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.7997 OF 2019 Between:
Thimmappa S/o late Nagappa Aged about 60 years Occ: Coolie work r/o Hebbalagere Village Chennagiri Taluk Davanagere District – 577 213 (By Shri S.G. Rajendra Reddy, Advocate) And:
The State by SHO Bharamasagara Police Station Chitradurga District Represented by SPP High Court Bengaluru 560 001 (By Shri Honnappa, HCGP) …Petiitioner …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.58 of 2019 of Bharamasagara Police Station, Chitradurga for the offence punishable under Section 420 read with Section 34 of the Indian Penal Code.
This Criminal Petition coming on for orders, this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. Petitioner is arraigned as accused No.2 in crime No.58/2019 of Bharamasagara Police Station, Chitradurga for the offence punishable under Section 420 read with Section 34 of the Indian Penal Code.
3. The brief factual matrix of the case are that the accused persons alleged to have shown one pure gold coin to the complainant on the assurance that they would supply one kilo gram gold coins as they found eight kilo grams of gold coins at Hebbalagere village in Chennagiri Taluk, while digging the foundation for construction of the house. On 22nd March, 2019, the complainant and his wife gave an amount of Rs.5,00,000/- to the petitioner and accused No.1 received half a kilogram of gold coins from them. After examination of same from the goldsmith, the said gold coins were found to be fake. Therefore, a complaint has been lodged against the petitioner and accused No.1. During the course of investigation, the petitioner along with other accused persons were arrested and some amount was recovered from them. Presently, they are remanded to judicial custody, which indicates that they are no more required for any further investigation.
4. On the basis of the above said circumstances, accused No.2 has already approached this Court in Criminal Petition No.7237 of 2019 and vide order dated 10th October, 2019 this Court has granted bail to the said accused. Therefore, on the ground of parity also the petitioner is entitled to be enlarged on bail apart from the facts of the case and the offence invoked are not being punishable either with death or imprisonment for life. Hence the following:
O R D E R Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.58/2019 of Bharamasagara Police Station, Chitradurga for the offence punishable under Section 420 read with Section 34 of Indian Penal Code, subject to the following conditions:
(i) The Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties 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 mark his attendance once in fifteen days, i.e. on any Sunday between 10.00 am and 5.00 pm before the Investigating Officer for a period of two months or till the charge-sheet is filed, whichever is earlier.
lnn Sd/- JUDGE