IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.9438 OF 2018 BETWEEN:
1. Syed Imran @ Sayeimranahamed S/o. Syed Riyaz Ahamed, Aged about 21 years, Puras Colony, 14th Cross, Tumakuru-572 114 (Accused No.4) (In Judicial Custody) 2. Syed Mehaboob Pasha S/o. Late Syed Nazir Pasha, Aged about 32 years, Ane Street, 3rd Cross, Masjid Road, in front of Gundu House, Thyamagondlu, Nelamangala, Bengaluru-562 123 (Accused No.5) (In Judicial Custody) ... Petitioners (By Sri. A.C.Manjunatha, Advocate) AND:
State of Karnataka By Gowribidanuru Rural Police Station Gowribidanuru-561 208 Represented by S.P.P High Court of Karnataka, Bengaluru-560 001. ...Respondent (By Sri. M.Diwakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in Cr.No.187/2018 (C.C.No.1286/2018) of Gowribidanur Rural Police Station, Chickballapura District for the offence P/U/S 397 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 petitioners-accused Nos.4 and 5 under Section 439 of Cr.P.C. to release them on bail in Crime No.187/2018 of Gowribidanur Rural Police Station, Chickballapura for the offence punishable under Section 397 of IPC.
2. I have heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State.
3. The gist of the complaint is that on 04.08.2018 at about 12:00 p.m., the complainant and his elder brother went to deliver the goods in a tempo bearing Registration No.KA.06 D.5193 to Koratagere and thereafter they went to Gowribidanuru and delivered the goods and collected an amount of Rs.1,35,000/- and while returning near Madhugiri at about 8:15 p.m., he collected Rs.10,000/- from the customers and left Hosur at 8:45 p.m. and while going near Science Park, the accused persons came on their Pulsor bike and blocked the way and threatened the driver by showing knife and snatched cash of Rs.20,000/- from the pocket of the complainant and cash of Rs.1,25,000/- collected from the customers and assaulted the complainant on the left hand and caused grievous injuries with an intention to kill them. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioners that already charge sheet has been filed and the alleged offence is not punishable with death or imprisonment for life. He further submitted that already accused Nos. 1 and 2 are released on bail, on the ground of parity, the accused Nos.4 and 5- petitioners are also entitled to be released on bail. He further submitted that the complaint was registered against unknown persons and during the course of investigation, accused persons have been apprehended. Learned counsel further submitted that the petitioners- accused Nos.4 and 5 are ready to abide by the conditions imposed on them by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioners-accused Nos.4 and 5 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that an amount of Rs.3,05,000/- has been recovered at the instance of accused No.1 and from possession of accused No.2 an amount of Rs.14,800/-, a knife, a helmet and mobile phone has been recovered. He further submitted that there is a clear case as against the accused Nos. 4 and 5-petitioners to show that they are also involved in the alleged crime. He further submitted that accused No.6 is absconding and till date he was not available for the trial. If the accused- petitioners are released on bail, they may abscond and may not be available for the trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
7. As could be seen from the records, already charge sheet has been filed and the alleged offence is not punishable with death or imprisonment for life.
When the complaint was filed, there was no identity of the accused persons or description of the persons. Accused Nos.1 and 2 are already released on bail by this Court vide order dated 23.01.2019 in Criminal Petition No.9653/2018. Under similar facts and circumstances, the petitioners-accused Nos.4 and 5 are also entitled on parity ground to release them on bail.
8. Taking into consideration the above said facts and circumstances, I feel that by imposing some stringent conditions if the petitioners-accused Nos.4 and 5 are released on bail, it is going to meet the ends of justice.
Accordingly, Criminal Petition is allowed. Petitioners- accused Nos. 4 and 5 are enlarged on bail in Crime No.187/2018 of Gowribidanur Rural Police Station, Chickballapura for the offence punishable under Section 397 of IPC, subject to the following conditions:-
1. Each of the accused-petitioners 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. They shall not leave the jurisdiction of the Court without prior permission.
3. They shall mark their attendance once in 15 days between 10.00 a.m., to 5.00 p.m. before the jurisdictional Police till the trial is concluded.
4. They shall not tamper with the prosecution evidence in any manner directly or indirectly.
5. They shall not indulge in similar type of criminal activities.
6. They shall attend the trial Court on all dates of hearing.
Sd/- JUDGE RB