IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 7217/2019 BETWEEN 1. SYED RAFI S/O. SYED MAQBOOL AGED 38 YEARS R/AT. SULTHAN ROAD GOUSIYANAGARA MYSURU CITY MYSURU – 570 019 2. NAVEED PASHA S/O. KAISAR PASHA AGED 35 YEARS R/AT. BADAMAKAN TIPPU CIRCLE MYSURU CITY MYSURU DISTRICT – 570 001 ... PETITIONERS (BY SRI. B. ROOPESHA, ADVOCATE) AND STATE BY DEVARAJA POLICE STATION MYSURU DISTRICT – 570 001 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.92/2019 REGISTERED BY DEVARAJA POLICE STATION, MYSURU 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 Heard the learned counsel for the petitioners (A1 & A2) and the learned HCGP for the Respondent –State. Perused the records.
2. The respondent-police on 27.08.2019 at about 1.45am in the night hours, have received a credible information that, some persons have gathered with deadly weapons behind Lansdowne Building, Devaraja Mohalla, Mysuru City, opposite City Bus Stand and they have prepared themselves for the purpose of committing dacoity. Immediately, the respondent- police went to that spot and intercepted some persons and some of those persons tried to ran way from the spot. In spite of that, the police caught hold some persons including the petitioners and recovered some weapons viz., iron-rod, cycle chain etc. from them and thereafter, registered a case against them for the offences punishable under Section 399 and 402 of IPC and started investigation in the matter.
In the facts and circumstances of the case, it is clear that, only on suspicion that, the petitioners have gathered at the said place for the purpose of committing dacoity, the police have arrested them and such suspicion has to be established beyond reasonable doubt during full-dressed trial. Moreover, the offences alleged against the petitioners (A1 & A2) are not punishable either with the sentence of death or imprisonment for life. Therefore, at this stage, in my opinion, the petitioners are entitled to be enlarged on bail on some stringent conditions. Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioners (A1 & A2) shall be released on bail in connection with Crime No.92/2019 of Devaraja Police Station, Mysuru, for the alleged offences, which is now pending before the Court of IV JMFC, Mysuru, subject to the following conditions:
(i) The petitioners shall execute their personal bonds for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioners shall not tamper the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against them is disposed of.
vi) The petitioners shall mark their attendance once in a week ie., on every Sunday between 10.00 am and 5.00 p.m., till filing of the charge sheet or for a period of two months, whichever is earlier.
KGR* Sd/-
JUDGE