IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO BETWEEN:
TURAI NAIK CRIMINAL PETITION NO.10126/2017 S/O. HANUMANTHA NAIK, CIVIL CONTRACTOR & AGRICULTURIST, RESIDING AT RAYARALU THANDA, H.B. HALLI TALUK, BALLARI DISTRICT-583 212.
(BY SRI B. SIDDESWARA, ADV.) AND:
THE STATE OF KARNATAKA REPRESENTED BY H.B. HALLI P.S., BALLARI DISTRICT – 583212, THROUGH THE S.P.P, HIGH COURT PREMISES, BENGALURU-01.
(BY SRI. CHETAN DESAI, H.C.G.P.) ... PETITIONER ... RESPONDENT THIP CRIMINAL PETITION IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.209/2017 OF HAGARIBOMMANAHALLI P.S., BALLARI DISTRICT FOR THE OFFENCE P/U/S 395 OF IPC.
THIS PETITION COMING FOR ORDERS ON THIS DAY THE COURT MADE THE FOLLOWING:
ORDER A criminal case came to be registered against the petitioner in Crime No.209/2017 for the offence punishable under Sections 395 of IPC by Hegaribommanahalli Police Station.
2. In the complaint, it is stated that the accused persons induced the complainant to bring Rs.10 Lakhs de-notified currency notes and they would give him Rs.8 Lakhs of new currency notes and the accused persons informed the complainant to come near H.B.Halli, Kecchinabandi Road for exchange of currency notes. The accused persons came in a Omni Car and got confirmed that complainant had brought an amount of Rs.7,80,000/-. Thereafter, the accused persons, assaulted the complainant and threatened him with dire consequences and robbed cash of Rs.7,80,000/-.
3. Learned counsel for the petitioner would submit that the petitioner is totally innocent of the offence and has got wrongly implicated in this case.
4. Learned High Court Government Pleader would submit that there are other cases pending against the present petitioner, who is accused No.3.
5. In response to the same, learned counsel for the petitioner would submit that the submission of learned SPP before the Court below was in respect of other accused persons and not the present petitioner.
6. Considering the fact that the petitioner is in judicial custody and as there no allegation of trying to interfere with the prosecution witnesses, it is just and proper to enlarge the petitioner on bail. The apprehension of the prosecution be dissolved by imposing conditions.
7. Hence, the criminal petition is allowed. The petitioner-accused is enlarged on bail in Cr.No.209/2017 registered by Hagaribommanahalli Police Station, Bengaluru, subject to the following conditions;
i) The petitioner-accused shall execute a personal bond for Rs.1,00,000/- with a surety owning and possessing immovable properties for the likesum.
ii) The petitioner-accused shall not terrorize the witnesses nor tamper the prosecution evidence in any manner.
iii) The petitioner-accused shall not leave the territory of the trial Court without prior permission till the completion of the trial.
iv) The petitioner-accused shall mark his attendance before the Investigating Officer on every second Saturday between 9.00 p.m. and 10,00 p.m. until further orders.
v) In case, the petitioner involves in any other criminal activities, the relief granted in this application stands automatically terminated and the petitioner be re- arrested.
Sd/- JUDGE VM