IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER 2017 BEFORE THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.7817/2017 BETWEEN:
Venkatesh K S/o Kambegowda Aged about 21 years R/at Kuliganahalli Lakshmipura Post Dasanapura Hobli Bangalore Rural District-560 039. .. PETITIONER (By Sri M Shashidhara, Adv.) AND:
State of Karnataka By Tavarekere Police Station Represented by the State Public Prosecutor High Court Building Bangalore-560 001. .. RESPONDENT (By Sri Chetan Desai, HCGP) This criminal petition is filed under Section under Section 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.56/2017 of Tavarekere P.S., Tumkuru District for the offences punishable under Sections 399, 402 of IPC.
This petition coming on for Orders this day, the Court made the following :
ORDER This petition is filed by the petitioner-accused No.4 under Section 438 of Cr.P.C. seeking a direction to the respondent police that in the event of his arrest, he be released on bail for the offences punishable under Sections 399 and 402 of IPC registered in respondent Police Station Crime No.56/2017.
2. The case of prosecution in brief is that the Police Sub Inspector of Tavarekere received the credible information at about 4.00 a.m. on 18.4.2017 that 5-6 unknown persons having deadly weapons were waiting near Ujjanakunte bridge on NH-48 service road with parking one passenger auto and they were preparing to commit dacoity holding deadly weapons with intention to commit dacoity. Immediately, the complainant and his staff calling two panchas went to the spot at about 4.45 a.m. They were in civil dress to confirm the information what he received. Thereafter, got confirmed the information that five persons taking themselves as to commit dacoity by the passers on that way. Then the complainant and his staff surrounded them and apprehended three persons among them. Two people ran away from the spot. Thereafter, the complainant enquired those persons and came to know that they are accused No.1-Raju, accused No.2-Rahul and accused No.3-Sunil. Then the complainant came to know the names of the persons who ran away from the place, they are accused No.4-Venkatesha and accused No.5-Arun. The complainant drew the mahazar in the presence of panchas, recovered one passenger auto bearing No.KA-41- 6286, one wooden club, one knife and a chilli powder pocket from the accused persons and the said articles were taken to the police station. On the basis of the said complaint, the case was registered by the respondent police.
3. I have heard the learned Counsel appearing for the petitioner-accused No.4 and the learned High Court Government Pleader appearing for the respondent-State.
4. It is contended by learned Counsel for the petitioner that the basis for implication of the petitioner in the case is the statement of the other accused persons. Hence, there is no prima facie case made against the petitioner. Learned HCGP submitted that the name of the petitioner is shown in FIR and he was not available to the police during investigation and hence, he is not entitled to be granted with anticipatory bail.
5. I have perused the averments made in the bail petition, FIR, complaint and the other materials produced along with the statement of witnesses recorded by the investigating officer during investigation.
6. Admittedly, as per the case of prosecution, the petitioner was not caught at the spot. As it is rightly submitted, the basis for implication of the petitioner is the statement of the other accused persons. The petitioner has contended that he was not involved in the offences and there is false implication of his name in the case.
The alleged offences are not exclusively punishable with death or imprisonment for life.
7. Hence, the petition is allowed. The respondent- police are directed to enlarge the petitioner on bail in the event of his arrest for the alleged offences punishable under Sections 399 and 402 of IPC registered in respondent Police Station Crime No.56/2017, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.50,000/- and have to furnish one solvent surety for the likesum to the satisfaction of the arresting authority.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall make himself available before the Investigating Officer for interrogation as and when called for and to cooperate with the further investigation.
iv. Petitioner shall appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond.
Cs/-
Sd/- JUDGE