IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7888/2019 BETWEEN:
1. VIJAYAKUMAR @ KULANDAVELU, S/O. SINUKUPPAN, AGED ABOUT 22 YEARS, #759, 5TH CROSS, 24TH BLOCK, AMBEDKAR NAGARA SLAM, PANTHARA PALYA, NAYANDANAHALLI, BENGALURU-560 039.
2. GUNA, S/O. THIRUMALE, AGED ABOUT 22 YEARS, #423, 14TH BLOCK, 3RD CROSS, AMBEDKAR NAGARA SLAM, PANTHARA PALYA, NAYANDANAHALLI, BENGALURU-560 039.
3. VINOD K., S/O. KUMAR, AGED ABOUT 22 YEARS, #301, 10TH BLOCK, 3RD CROSS, AMBEDKAR NAGARA SLAM, PANTHARA PALYA, NAYANDANAHALLI, BENGALURU-560 039.
4. VENKATARAJU @ SRINIVASA @ JANGLI, S/O. CHANDRAPPA, AGED ABOUT 27 YEARS, HOSA PALLYA, KENGERI HOBLI, BENGALURU SOUTH, BENGALURU-560 039. ... PETITIONERS [BY SRI. PANDURANGA G., ADVOCATE FOR SRI. VIVEKANANDA D., ADVOCATE] AND:
STATE OF KARNATAKA BY KUMBALAGUDU POLICE STATION, BENGALURU RURAL, BENGALURU, REP. BY GOVERNMENT PLEADER, HIGH COURT OF KARNATAKA, BENGALURU-560010. ... RESPONDENT [BY SRI. HONNAPPA, HCGP] * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR. NO.220/2019 REGISTERED BY KUMBALAGUDU POLICE STATION, RAMANAGARA 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:
ORDER Heard the learned counsel for the petitioners and the learned HCGP for the respondent-State. Perused the records.
2. The petitioners are arraigned as accused Nos.1 to 4 in Crime No.220/2019 of Kumbalagudu P.S., Ramangara District, for the offence under Sections 399 and 402 of IPC on the file of II Additional C.J.M., Bengaluru Rural District.
3. The brief facts of the case are that;
On 15.10.2019, when the Police personnel by name Ayub Pasha and others were on rounds, they received an information that some 4 to 5 persons were gathered near Padmashri College in Kumbalagudu outskirts for the purpose of committing dacoity. Immediately, the Police personnel went to the spot and arrested the petitioners on the ground that they were waiting there for the purpose of committing dacoity. At that time, the petitioners were also holding deadly weapons in their hands.
4. The petitioners were arrested on 15.10.2019 and since then they have been in judicial custody. As the recovery has already been made and the petitioners are in judicial custody, they are no more require for further investigation.
5. The Police have arrested the petitioners on the ground of suspicion that some 4 to 5 persons were gathered at the place for the purpose of committing dacoity. Whether the petitioners who were actually gathered at the spot for the purpose of committing dacoity has to be established beyond reasonable doubt during the course of full fledged trial. In the above said facts and circumstances, the petitioners are entitled to be enlarged on bail on conditions. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioners shall be released on bail in connection with Crime No.220/2019 of Kumbalagudu P.S., Ramanagara District, for the offence under Sections 399 and 402 of IPC on the file of II Additional C.J.M., Bengaluru Rural District subject to the following conditions:
i) The petitioners shall execute their personal bonds for a sum of Rs.1,00,000/- [Rupees One Lakh only] each with two solvent sureties for the likesum to the satisfaction of the jurisdictional 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 off.
(v) The petitioners shall mark their attendance once in fifteen 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.
Sd/- JUDGE Ksm*