IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 3699/2019 BETWEEN SUMESH K.P @ DHARMARAJ S/O LATE VASUDEVAN AGED 30 YEARS R/AT KANAKUPPALIYALIL ANUMANGADU VILLAGE & POST PERIMATALMANNA TALUK MALLAPURAM DISTRICT KERALA STATE – 679 322 ... PETITIONER (BY SRI. C.M. JAGADEESH, ADVOCATE) AND STATE BY LASHKAR POLICE STATION MYSURU DISTRICT REP. BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING BENGALURU – 560 001 …. RESPONDENT (BY SRI. K. P. YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO. 107/2018 REGISTERED BY LASHKAR POLICE STATION, MYSURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 328, 382, 419 AND 420 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 brief facts of the case are that, on 25.10.2018, the complainant by name Veeresh has lodged a complaint stating that, on that particular day at about 2.00 p.m. an unknown person telephoned him and offered for free massage and as per his instructions he went near Poorvika Mobile Shop, opposite Mysuru Sub-urb Bus Stant at 5.30 p.m. and waiting for him. Thereafter, one person by name Robin came to him and took the complainant with him to a Hotel near Ganesha Palace and he purchased Apple Juice from a shop nearby and took him to Room No.401 of the said Ganesha Hotel and poured the said juice to two cups and one he had one cup and offered one cup to the complainant. Thereafter, the petitioner instructed the complainant to remove his clothes and lay down on a cot provided in the room for the purpose of body massage and accordingly, he started massaging the complainant. Thereafter, the complainant felt some giddiness and he was unconscious. After gaining his consciousness, the complainant came to know that his gold chain and Rs.4,000/- kept in the pocket were stolen. He realized that the petitioner/accused has committed theft of said gold chain and money of the complainant.
3. The nature of allegations and the facts of the case show that, though the complainant knowing fully well that the said petitioner/accused an utter stranger, he accompanied him to the hotel room and gave liberty to him to commit the said particular act. During the course of investigation, it appears the above said alleged money and gold article have been recovered from the accused and also charge sheet has been laid against the petitioner/accused for the offences punishable under Sections 382 and 420 of IPC., which are not punishable either with the sentence of death or imprisonment for life.
4. Looking to the above said facts and circumstances, there is no allegation that the petitioner/accused is a habitual offender and no such similar cases are pending against him. Therefore, in my opinion, the petitioner is entitled to be enlarged on bail, particularly under Section 439 of Cr.PC.. Hence, the following order:-
ORDER The petition is allowed. The petitioner/accused- Sumesh K.P. shall be released on bail in connection with Crime No. 107/2018 of Lashkar Police Station, Mysuru City, registered against him for the offences punishable under Sections 328, 382, 419 and 420 of IPC, which is now pending on the file of II JMFC, Mysuru, subject to the following conditions:-
(1) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(2) The petitioner shall not tamper with the prosecution witnesses (3) The petitioner shall appear before the trial Court on all future hearing dates unless exempted for any genuine reason by the Court.
(4) The petitioner shall not leave the jurisdiction of the concerned trial Court without prior permission, till the case registered against him is disposed of.
Sd/-
JUDGE KGR*