IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.9244/2018 BETWEEN:
1. YESHWANTHA BASANINGAPPA NAGASHETTY, AGED ABOUT 46 YEARS, R/AT NIMBARGA VILLAGE, ALANDA TALUK, KALBURGI DISTRICT – 585 213.
2. SANDEEP @ HAKKI KALLA @ SANDY, S/O MAHADEVA, AGED ABOUT 24 YEARS, R/AT AGASTAPURA VILLAGE, T.NARASIPURA TALUK, MYSURU DISTRICT – 571 124.
(BY SRI A.V.RAMAKRISHNA, ADVOCATE) AND:
STATE OF KARNATAKA, REPRESENTED BY V.V.PURAM POLICE, BENGALURU – 560 001. S.P.P., HCK, BANGALORE – 560 001.
(BY SRI.ROHITH B.J., HCGP) …PETITIONERS …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.111/2018 OF VISHWESHWARAPURAM POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 397, 328, 448 AND 342 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned Counsel for the petitioners, the learned HCGP for the respondent-State and perused the records.
2. Petitioners herein are arraigned as accused Nos.1 to 2 in connection with crime No.111/2018 of Vishweswarapuram police station for the offences punishable under Sections 397, 328, 448, 342 read with Section 34 of IPC.
3. Brief facts of the case are that on 26.6.2018, accused Nos.1 to 3, with an intention to commit robbery, had been to the house of C.W.1 and accused No.1 was watching the movements of the complainant and also watching the house. Thereafter, on the said day, at about 11.30 a.m. accused No.1 had been to the said house and rang the calling bell. Accused No.2 spread some spray to the complainant and accused Nos.2 and 3 went inside the house and they pushed the complainant inside the house and also her face was pushed inside the water tub and thereafter, her hands and legs were tied. Accused Nos.2 and 3 thereafter, committed the robbery of gold and other valuable articles. Thereafter, all the accused sent the said articles through accused No.4 for the purpose of selling the same. Accused No.4, in turn, sold the same to Tanishq jewelry shop and thereafter, it appears that the police have seized the said articles in connection with this case in crime No.147/2018 after arresting some of the accused persons. Mahazar was drawn in crime No.147/2018 and accused No.4 was arrested and the names of petitioners who were also accused in Crime No.111/2018 were disclosed. Thereafter, it appears that the police came to know that the gold articles were converted by Tanishq Jewelry shop, but the police did not seize the same but seized the similar type of articles, which were lost by the complainant. On the basis of the said material, the police have investigated the matter.
4. It is submitted by the learned HCGP for the respondent-State that accused No.2 has been identified by the complainant in the police station.
5. Accused No.1 has not gone inside the house and he was watching outside. Therefore, the case against accused No.1 revolves around the voluntary statement of other accused persons. In the above said circumstances, the identification of jewelry, recovery of similar type of jewelry by the police and whether that can be identified by the complainant, has to be thrashed out during the course of full fledged trial.
6. Looking to the above said facts and circumstances of the case, as the accused were already arrested and they are in judicial custody and that recovery has already been made, in my opinion, they are entitled to be enlarged on bail on serious conditions.
7. Hence, the following order:
The petition is allowed. Consequently, the petitioners shall be released on bail in connection with Crime No.111/2018 of Vishveshwarapuram Police Station registered for the offences punishable under Sections 397, 328, 448, 342 read with Section 34 of IPC, subject to the following conditions:
(i) The petitioners shall execute their his personal bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two sureties each for the like-sum 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 of.
(v) The petitioners shall mark their attendance once in fifteen days i.e., on any Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months.
Sd/- JUDGE Cs CT:SN