IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER 2019 BEFORE THE HON’BLE MR.JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.4877 OF 2019 C/W CRIMINAL PETITION NO.5234 OF 2019 IN CRIMINAL PETITION NO.4877 OF 2019 BETWEEN:
1. UDAY.K S/O KESHAVA MURTHY AGED ABOUT 20 YEARS, RESIDING AT NO.191, 7TH CROSS, RANGANATHA COLONY, OPP. BHEC COLONY, MYSURU ROAD, BENGALURU-560026.
PRESENTLY RESIDING AT R.CHIKKANAHALLI, DODDABASTHI, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU 2. TEJAS B.N.
S/O NARAYANAMURTHY, AGED ABOUT 23 YEARS, RESIDING AT NO.69, 11TH MAIN, 3RD CROSS, CITB COLONY, BAPUJINAGAR, MYSURU ROAD, BENGALURU-560026. ... PETITIONERS (BY SRI: S.G.NATARAJU, ADVOCATE) AND:
THE STATE OF KARNATAKA BY BIDADI POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE 560001. ... RESPONDENT (BY SRI: ROHITH B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CRIME NO.363/2018 (C.C.NO.12/2019) OF BIDADI POLICE STATION, RAMANAGARA FOR THE OFFENCE PUNISHABLE UNDER SECTION 395 OF IPC.
IN CRIMINAL PETITION NO.5234 OF 2019 BETWEEN:
SRI.RAMESH.C @ GARDEN RAMESHA S/O CHANDRAPPA AGED ABOUT 24 YEARS, R/AT NO.654, 7TH CROSS, BALAJI LAYOUT, TALAGHATTAPURA, BENGALURU-560062.
... PETITIONER (BY SRI: R.V.SHIVANANDA REDDY, ADVOCATE) AND:
STATE OF KARNATAKA BY BIDADI POLICE, BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE 560001. ... RESPONDENT (BY SRI: ROHITH B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.363/2018 (C.C.NO.12/2019) OF BIDADI POLICE STATION, RAMANAGARA FOR THE OFFENCE PUNISHABLE UNDER SECTION 395 OF IPC.
THESE CRIMINAL PETITIONS ARE COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioners in Crl.P.No.4877/2019 are arraigned as accused Nos.5 and 8, whereas the petitioner in Crl.P.No.5234/2019 is arraigned as accused No.1 in connection with Cr.No.363/2018 on the file of the respondent police for the offence punishable under section 395 of IPC.
2. The brief facts that emanate from the records are that on the intervening night of 2nd /3rd of December 2018, the complainant by name Naveen alongwith one Puneeth and Nanjundaswamy were there in the petrol bunk at Seshagirihalli. At that time, at about 3.00 a.m. to 4.00 a.m., in the early morning, five unknown persons by covering their faces with masks entered the room and among them, four miscreants armed with long and dagger threatened the complainant and others with dire consequences of killing them, if they do not hand over the keys of the almirah and thereafter they robbed an amount of Rs.82,000/- from the cupboard and snatched the mobile handsets from the complainant and two other persons. They also removed DVR of C.C. Camera of the office and went away from the spot in Maruthi Swift car bearing registration No. KA-22-P-5750.
3. During the pendency of these petitions, learned HCGP submitted that test identification parade has been fixed for identification of the accused persons in these cases. Learned HCGP submits that Test identification has already been done and these petitioners have been identified by the relevant witnesses. Therefore, it appears that the investigation is almost in the fag end.
4. It is stated that the accused persons were covering their faces with masks when they entered the room and only five persons were there, as many as nine accused persons have been incorporated in the first information report, out of them, accused No.9 has already approached this Court. This Court in Crl.P.No.705/2019, vide order dated 10th April 2019 has enlarged him on bail on conditions. While releasing said accused on bail, this Court has also observed that recoveries have been made at the instance of accused Nos.3 to 9 and on the basis of voluntary statement of accused No.1, name of accused No.9 was also incorporated. On the ground that recovery was made at the instance of accused Nos.3 to 9 and there is no recovery from accused No.1, the allegations are similar that all the accused persons went to a particular spot and committed dacoity. Identification of the accused persons is doubtful at this stage. Therefore, substantial identification has to be done during full-dressed trial. Under the above facts and circumstances, when there are no previous antecedents against accused Nos.1 and 8 and only two cases are lodged against accused No.5, in my opinion, considering the nature of allegations pertaining to these cases, I am of the opinion that the petitioners are entitled to be enlarged on bail with certain stringent conditions. Hence, the following:-
ORDER The petitions are allowed. Consequently, the petitioners who are accused Nos.1, 5 and 8 shall be released on bail in connection with (Crime No.363/2018 of Bidadi Police Station) C.C.No.12/2019 on the file of Prl. Civil Judge(Sr.Dn.) and CJM, Ramanagara District, Ramanagara registered for the offence punishable under Section 395 IPC, subject to the following conditions:
(i) Petitioner Nos.1, 5 and 8 shall execute personal bond for a sum of Rs.1.00 lakh(Rupees One lakh only) each with two sureties for the like-sum to the satisfaction of the trial 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.
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Sd/- JUDGE