IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.8165/2019 BETWEEN TAMILARASAN S/O MADHU AGED ABOUT 25 YEARS RESIDING AT NO.478/NA, WARD NO.15 KALAKUNDAHALLI VILLAGE PALAKODE POST AND TALUK SHARMAPURI DISTRICT TAMIL NADU – 636 808 (BY SRI. KUMARA K.G., ADVOCATE) AND STATE OF KARNATAKA ... PETITIONER BY CHIKKAJALA POLICE STATION – 560 079 REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 … RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.55/2019 OF CHIKKAJALA POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 395 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the Respondent –State. Perused the records.
2. The petitioner is arraigned as accused No.4 in Cr.No.55/2019 of Chikkajala Police Station, Bengaluru, for the offence punishable under Section 395 of IPC, which later culminated in C.C.No.4803/2019 on the file of the learned Civil Judge and JMFC, Devanahalli.
3. The brief facts of the case are that, Accused Nos. 1 to 3 with the help of Accused Nos.5 to 8 had been to Sy.No.59 where some houses are being constructed under RGHCL scheme in Kuduregere Village. It is alleged that, Accused Nos. 1 to 8 holding deadly weapons in their hands entered into the said premises and tied the security guards and labourers, who were present at the spot and assaulted them with clubs and threatened them with dire consequences and committed dacoity of 588 numbers of Galvanized sheets, 16 numbers of purloin square rods worth Rs.10,00,000/- and taken away in two vehicles and they have also snatched the mobile phones of security guards and labourers.
4. On the aforesaid allegations, the petitioner was nabbed and interrogated in connection with the said case by the respondent- police and the alleged stolen goods were already recovered from other accused persons. It is contended that the accused persons involved in this case were unknown to the complainant. Subsequently, after arrest of the accused persons, they were identified by the complainant in the police station, particularly at the time of recovery of incriminating articles and the complainant also identified the materials seized in connection with this case. It is stated that, the petitioner was arrested and he has been in judicial custody since 18.07.2019. It indicates that, the petitioner may not be required for any custodial interrogation or investigation. The recovery or identification has to be materialized during the course of trial and substantial identification has also to be done during the course of trial.
5. It is submitted that Accused Nos. 1 to 3 have already been released on bail in Criminal Petition No.7680/2019 vide order dated 13.11.2019. It is also submitted that the petitioner also stands on the same footing as that of Accused Nos. 1 to 3, and therefore, he may be released on bail, on the ground of parity.
6. Looking to the above facts and circumstances of the case, no injury has been caused to anybody and identification has already been done in the police station. Further added to that, when the case revolves around the circumstantial evidence, particularly on the basis of the identification and recovery, those aspects have to be proved during the course of full-dressed trial. Therefore, in the above facts and circumstances, the petitioner (A4) is entitled to be enlarged on bail, on certain stringent conditions. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in C.C.No.4803/2019 arising out of Cr.No.55/2019 on the file of the learned Civil Judge and JMFC, Devanahalli for the aforesaid offences, subject to the following conditions:
i. The petitioner shall execute his personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs only) with two solvent sureties for the like-sum to the satisfaction of the jurisdictional Court.
ii. The petitioner shall not indulge in tampering the prosecution witnesses.
iii. The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
iv. The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of.
KGR* Sd/-
JUDGE