IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.4545/2019 BETWEEN:
SUHEB APSAR S/O APSAR SAB AGED ABOUT 21 YEARS NEAR JAMIYA MASJID M.S. PALYA, CHIKKABETTAHALLI YALAHANKA MAIN ROAD BENGALURU-560 097.
(BY SRI: SHAIKH SAOUD, ADV.,) AND:
STATE BY CHALLAKERE POLICE REPRESENTED BY:
THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BENGALURU-560 001.
(BY SRI: ROHIT B.J., HCGP) ...PETITIONER ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.187/2017 OF CHALLAKERE POLICE STATION, CHITRADURGA FOR THE OFFENCE P/U/S. 380,457 OF IPC.
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 learned HCGP for respondent-State. Perused the records.
2. The case has been registered by the respondent- police in Crime No.187/2017of Challakere Police Station for the offence under Sections 454, 457 and 380 of IPC. On the basis of the complaint lodged by one Zaheer Basha.
3. The petitioner is arraigned as accused No.2.
The complaint averments discloses that on 30.04.2017, they had been to Dharwad to their friend’s house. They came back on 02.05.2017 to their native place at Gandhinagar, Challakere town. They found their house door was broken and the things at home were scattered. After examination, they found missing of gold articles worth Rs.5, 45,000/- (Rupees Five lakhs forty five thousand only). Therefore, they have lodged a complaint in this regard. After thorough investigation, the police nabbed the accused No.1 and recovered the gold articles from him. Accused No.2 who is the petitioner herein whose name was surfaced in the voluntary statement of accused No.1 and thereafter, the Police have filed the charge sheet showing the petitioner as absconding accused. After filing of the charge sheet, the warrant has been issued by the Court and he was produced before the Court on 03.04.2019 and he was remanded to judicial custody and it appears since then, he has been in judicial custody.
4. The learned HCGP submits that the entire recovery has been made from the custody of accused No.1 and there is no recovery from accused No.2. But he is not available during the course of investigation. Even looking into the records, after his arrest also, there is no recovery from him. Therefore, entire case revolves around the voluntary statement of accused No.1 who has stated about the involvement of this petitioner with other corroborative materials before the Trial Court may raise a doubt. The offence committed by the petitioner is not punishable with death or imprisonment for life. Therefore, the petitioner is entitled to be enlarged on bail particularly under Section 439 of Cr.P.C. as he has been in judicial custody since the above said period.
Hence, I proceed to pass the following:
ORDER The Petition is allowed. Consequently, the petitioner- accused shall be released on bail in connection with Crime No.187/2017 of Challakere Police Station, Chitradurga for the offence punishable under Sections 454, 457 and 380 of IPC, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh Only) with one surety 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.
Sd/- JUDGE SSD