IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF OCTOBER 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6776 OF 2019 BETWEEN:
WASIM S/O.RIJAJUDDIN AGED ABOUT 34 YEARS R/AT B-136-GALLI NO.3B ‘B’ BLOCK, MUSTAPABAD DELHI- 110 090 …PETITIONER (BY SRI B.LETHIF, ADVOCATE) AND:
THE STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER BY BARKE POLICE STATION MANGALURU, D.K.DISTRICT REP. BY SPP HIGH COURT BUILDING BENGALURU-560 001 …RESPONDENT (BY SRI ROHITH B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.43/2019 OF BARKE POLICE STATION, D.K.DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTION 379 OF IPC ON THE FILE OF VI JMFC COURT, MANGALURU CITY, D.K.DISTRICT.
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 HCGP for the respondent-State. Perused the records.
2. The petitioner is arraigned as accused No.3 in Crime No.43/2019 of Barke Police Station, Mangaluru for the offence punishable under Section 379 of IPC.
3. The brief facts of the case are that on 25.05.2019 when the complainant by name Sandeep, who was working in the ITC Company was transferred to Mangaluru and he was proceeding to Mangaluru in a KSRTC Raja Hamsa Bus bearing registration No.KA 19 F 2967. On the next day i.e. on 26.05.2019, the bus reached Mangaluru and he did not check up his baggages. However, on 27.05.2019 when he checked his bags, he found missing of gold ornaments, lenovo mobile phone, laptop etc. He did not lodge any complaint though he has lost properties worth Rs.3,58,000/-. Subsequently, when he saw in the television that the police have nabbed some accused persons and also they found laptop and gold ornaments etc. Then it appears the complaint came to be lodged before the Police on 08.06.2019. Though the petitioner, who was alleged to had been present along with accused Nos.1 and 2, there is absolutely no recovery from him. Only on the basis of strong suspicion, the petitioner was arrested in connection with this case. Therefore, the allegations made against the petitioner has to be proved beyond reasonable doubt during the process of trial. There is no previous bad antecedents alleged against the petitioner. Therefore, the offence is not punishable with serious punishment and the petitioner is entitled to be enlarged on bail. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner- accused No.3 shall be released on bail in connection with Crime No.43/2019 of Barke Police Station on the file of VI JMFC Court, Mangaluru City, Dakshina Kannada District registered for the offence punishable under Section 379 of IPC subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.50,000 (Rupees Fifty Thousand Only) with one surety for the like-sum to the satisfaction of the jurisdictional Court;
(ii) The petitioner shall not indulge in tampering the prosecution witnesses;
(iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates unless exempted by the Court for any genuine cause;
(iv) The petitioner shall not leave the Indian country without prior permission of the Court till the case registered against him is disposed of;
(v) The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 a.m. and 5.00 p.m. before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE LB