IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.8737/2017 BETWEEN:
Syed Javeed @ Javeed S/o Waheed @ Syed Peer Aged about 36 years R/at Badamakan Chenapatna Town Ramnagar District-571 501. ... PETITIONER (By Sri G Muralidhar, Adv.) AND:
The State of Karnataka By Chenapatna Town Police Station Ramanagar District-571 501 Represented by the State Public Prosecutor High Court Building Bengaluru-560 001. ...RESPONDENT (By Sri Chetan Desai, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in Cr. No.151/2017 of Channapatna Town P.S., Ramanagara District, for the offence P/U/Ss 399 and 402 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER This petition is filed by the petitioner/accused No.2 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 399 and 402 of IPC registered in respondent – police station Crime No.151/2017.
2. Brief facts of the prosecution case as per the complaint averments are, the Sub-Inspector of Channapatna Town filed the complaint alleging that on 7.10.2017 at 4.00 a.m. while he was on rounds, he received the information that some 5-6 persons have gathered near Shettihallikere of Channapatna town and are planning to commit dacoity. On hearing the same, the complainant along with panchas and staff went to the spot at about 4.15 a.m. and found 5-6 persons trying to attack the passerby. They were able to catch only three persons and other two ran away from the spot. On the basis of the said complaint, case was registered for the alleged offences.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused No.2 and also the learned High Court Government Pleader appearing for the respondent-State.
4. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record.
5. As per the prosecution material, there is an allegation that the petitioner along with other accused persons was planning to commit dacoity at the said place. He has been apprehended and the police have already seized the materials from their possession and at present, nothing further is to be seized. Petitoner is in custody from the date of arrest. The alleged offences are not exclusively punishable with death or imprisonment for life. Hence, by imposing reasonable conditions, petitioner can be admitted to regular bail.
6. Accordingly, petition is allowed.
Petitioner/accused No.2 is ordered to be released on bail for the offences punishable under Sections 399 and 402 of IPC registered in respondent – police station Crime No.151/2017, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.50,000/- and furnish one surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall appear before the concerned Court regularly.
Sd/- JUDGE bkp