IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.5368 OF 2019 BETWEEN:
1. THOUFIK AHAMAD @ TOUFEEQ AHMED S/O.NAYAZ AHMED AGED ABOUT 27 EYARS R/O.NO.18/646, KOGILU LAYOUT YELAHANKA BANGALORE – 64.
2. HANEEF.M @ MOHAMMED HANEEF S/O.MOHAMMED RIYAZ AGED ABOUT 27 YEARS R/O.NO.1032, DASTHGIR ROAD NEAR FOOD CORPORATION OF INDIA VIJINAPURA, BANGALORE NORTH DOORVANI NAGAR BANGALORE – 560 016.
... PETITIONERS (BY SRI.MOHAMED UMMAR FAROOQ, ADV.,) AND:
STATE BY THILAK PARK POLICE STATION REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE – 01.
…RESPONDENT (BY SRI.K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.56/2019 OF THILAK PARK POLICE STATION, TUMAKURU FOR THE OFFENCE P/U/S 399, 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 and learned HCGP for the respondent-State. Perused the records.
2. A case has been registered against the petitioners along with other accused persons in Crime No.56/2019 for the offences under Sections 399 and 402 of IPC.
3. The petitioners are arraigned as accused Nos.2 and 7 in the said case. The allegations are that the respondent – police while on rounds within the jurisdiction of Thilak Park Police Station, near ring road they found some 6-7 persons who were holding deadly weapons like club and other weapons in their hands, with an intention to intercept one of the persons who pass through the main road for the purpose of committing dacoity. On these allegations, the police have suspected them, on suspicion, they have arrested some of the persons including the petitioners and recovered some incriminating materials like club and choppers etc., from them and registered a case.
4. Learned HCGP brought to the notice of this Court that there are as many as 9 cases pending against the petitioners and others. However, at this stage, the same is not sufficient to come to a conclusion that pendency of the cases are sufficient to establish the case against these petitioners.
5. Considering the nature of allegations and on the basis of the suspicion, the police have arrested the accused persons, it has to be proved beyond reasonable doubt during the course of trial that the accused persons gathered there for the purpose of committing dacoity. Therefore, in my opinion, 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.56/2019 of Thilak Park Police Station registered against them for the offences punishable Sections 399 and 402 of IPC, subject to the following conditions:
(i) Each of the petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioners shall not indulge in hampering investigation or tampering 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 of the Court till the case registered against them is disposed of.
(v) The petitioners shall mark their attendance once in 15 days i.e., on any Sunday between 10.00 a.m. and 5.00 p.m. before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE VMB