IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.6586/2019 BETWEEN:
1. Syed Riyaz S/o. Syed Ali Aged about 49 years R/at. Dargha Road Near Jumia Masjid Circle Kattigenahalli Jadagenahalli Hobli Hoskote Taluk – 562 114 Bengaluru Rural District.
2. Syed Sher Ali @ Baba S/o. Syed Riyaz Aged about 28 years R/at. Dargha Road Near Jumia Masjid Circle Kattigenahalli Jadagenahalli Hobli Hoskote Taluk – 562 114 Bengaluru Rural District.
(By Sri. K. Ram Singh, Advocate) AND:
State of Karnataka …Petitioners By Mico Layout Police Station, Bengaluru – 560 076 Represented by Government Pleader High Court of Karnataka Bengaluru-560 001.
... Respondent (By Sri. Rohith B.J., HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioners on bail in Cr.No.27/2018 registered by Mico Layout Police Station, Bengaluru, for the offence punishable under Section 379 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 petitioners and the learned High Court Government Pleader for the respondent - State. Perused the records.
2. The petitioners are arraigned as accused Nos. 4 and 5 in Crime No.27/2018 for the offence punishable under Sections 86 and 87 of the Karnataka Forest Act and also under Section 379 of IPC.
3. The brief facts of the case are that, on 02.02.2018, at about 4.15 a.m., there was a theft of sandal wood tree from the house of the complainant by name Suranjana, situated at #67, MCHS Layout (IAS Colony), BTM II stage, Bengaluru. The complainant lodged a complaint to investigate the matter and take appropriate action in this regard. During the course of investigation, the petitioners were arrested. The other accused persons 1 and 2 were also arrested and have also approached this Court for grant of bail in Crl.P.No. 3131/2019. This Court by order dated 21st May, 2019, has granted bail to those accused persons. Petitioners also stand on the same footing as that of accused Nos. 1 and 2. As they were already arrested and they were sent to judicial custody, it shows that they are no more required for investigation. There is no recovery as such from the petitioners. Under the above said facts and circumstances, the petitioners are also entitled to be enlarged on bail. Hence, the following :
O R D E R The Petition is allowed. Consequently, the petitioners shall be released on bail in connection with Crime No. 27/2018 of Mico Layout Police Station, registered against them for the offence punishable under Sections 86 and 87 of the Karnataka Forest Act read with Section 379 of IPC, subject to the following conditions:
(i) The petitioners shall execute a personal bond each for a sum of Rs.50,000/-(Fifty thousand only) with one surety for the like- sum to the satisfaction of the jurisdictional court.
(ii) The petitioners shall not indulge in tampering the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional court on all the 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 of the court till the case registered against him is disposed of.
Sd/- JUDGE mgn/-