IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.6939/2017 Between:
Vijay Kumar @ Viji S/o Lashmi Narsimha, Aged about 31 years, R/at 8th Cross, Near Vigneshwarnagar bus Stand, Vigneshwarnagar, Sunkdakatte, Bengaluru – 560 091.
(By Sri. Deenabandhu Rai. N, Advocate) And:
State by Kamakshipalya Police Station, Now Rep by Public Prosecutor, High Court Complex, Bengaluru – 560 001.
…Petitioner …Respondent (By Sri. S.Vishwamurthy, HCGP) This criminal petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in Crime No.310/2017 of Kamakshipalya P.S., Bengaluru for the offence p/u/s 399 and 402 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
2. The petitioner apprehends his arrest by the respondent-police in their crime No.310/2017 registered in respect of offences punishable under sections 399 and 402 of IPC.
3. The allegation is, during the night hours of 23.07.2017 the accused Nos. 1 to 5 were with an intention to loot the commuters on the road, had assembled with lethal weapons. The Investigating Officer raided the spot, four of them were arrested with their weapons. On their voluntary statement, the petitioner name was brought on record as accused No.5.
4. Learned counsel for the petitioner strongly disputes complicity of the accused. He works as a professional driver, a family person and he is not having any criminal antecedents.
5. Having regard to the above circumstances, petition is allowed.
Petitioner is granted anticipatory bail in Crime No.310/2017 registered by the respondent-Police, subject to the following conditions:
(i) He shall forthwith appear before the respondent-Investigating Officer. The Investigating Officer is at liberty to interrogate him;
(ii) In the event of his arrest by the respondent-Investigating Officer, he shall be released on bail on executing a self bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with one surety for the likesum;
(iii) He shall mark his attendance on every Wednesday during office hours before the SHO - respondent police station for another three months or until filing of the final report, whichever is earlier;
(iv) He shall not indulge in any illegal activities.
Sd/-
JUDGE VBS