IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF OCTOBER, 2019 BEFORE THE HON' BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.4188 OF 2019 BETWEEN:
1 . MR. SYED VASEEM @ VASEEM S/O. SYED AKBAR KHAN, AGED ABOUT 33 YERAS R/AT NO.16, 17TH CROSS, GOVINDAPURA, NAGAVARA MAIN ROAD, AREBIC COLLEGE POST, BENGLARU 560045.
2 . MR. ROSHAN ULLA BEG @ ROSHAN S/O. SANULLA BEG, AGED ABOUT 26 YEARS R/AT FRONT OF SARKARI URDU SCHOOL, NEAR VENKATESHWARA AUTO GAS BUNK, NAGAVARA MAIN ROAD, BENGALURU 560045 ...PETITIONERS (BY SRI T.P. SHASHIDHARA, ADV. FOR SRI MOHAMMED FARUKE, ADV.) AND THE STATE OF KARNATAKA THROUGH BAGALURU POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, BANGALORE 560001.
…RESPONDENT (BY SRI ROHITH B.J., HCGP.) ******* THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO. 35/2019 OF BAGALUR POLICE STATION, BENGALURU CITY FOR THE OFFENCE PUNSIHABLE UNDER SECTION 394 OF IPC.
THIS 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 HCGP for the respondent-State. Perused the records.
2. A complaint came to be lodged by one Smt.
Lakshmi in Crime No.35/2019 of Bagalur Police Station for the offence under Section 394 of IPC.
3. The facts of the case are that on 14.03.2019 at an early hours at 5.15 a.m., when the complainant had been to walking between 5.30 to 5.40 a.m. two persons covering their faces with helmets tried to snatch the Mangalya Chain of the complainant, when she opposed they assaulted her with chopper on her left shoulder, caused injuries and snatched the Mangalya Chain worth Rs.1,10,000/-.
4. In the complaint it is stated that they were covered their faces with helmets and therefore she cannot identify the accused persons. However, during the course of investigation, the petitioners were nabbed and there is recovery of the Mangalya Chain which came to be identified by the complainant. Therefore, looking to the facts and circumstance, the entire case relies on the identification of the Mangalya Chain which belonged to the complainant. Therefore, when there are no bad antecedents alleged against the petitioners and they have been arrested and presently they are in judicial custody which shows that they are no more required for any further investigation, the petitioners are 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.35/2019 registered for the offence punishable under Section 394 of IPC, subject to the following conditions:
(i) Each of the petitioners shall execute their personal bond for a sum of Rs.1,00,000/- (Rupees: One Lakh 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 them is disposed of.
(v) The petitioners shall mark their attendance once in fifteen days between 10.00 am and 5.00 pm., on any Sunday before the Investigating Officer till the filing of the final report or the disposal of the case, whichever is earlier.
Sd/- JUDGE Sbs*