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2010 DIGILAW 607 (KAR)

RAMESH v. STATE BY HEBBAGODI POLICE STATION, ANEKAL TALUK

2010-04-29

RAVI MALIMATH

body2010
ORDER The case of the prosecution is that on 22-10-2010 (sic) at 7.00 hours the complainant received a call from his factory saying that generators were missing from the power house located at their main plant and a theft has been committed. The complainant went to his factory and noticed that generators were stolen and the dead body of the security guard was thrown in the backyard of the factory. On a complaint being lodged the case was registered against the petitioners and others for offences punishable under Section 396 of the Indian Penal Code, 1860. 2. The learned Counsel appearing for the petitioners submits that the petitioners arraigned as accused 4 and 5 approached the Fast Track Court, Anekal by filing Criminal Misc. Petition No. 71 of 2010. The learned Sessions Judge, by the order dated 15-3-2010 rejected the petition. Hence, the present petition. 3. The learned Counsel appearing for the petitioners submits that no prima facie case has been made out against the petitioners and hence they are entitled for bail. He submits that they were in the residence when the said incident took place and they are innocent of the offences alleged against them. He places reliance on the order dated 7-4-2010 passed by this Court with regard to accused 3 in Cri. P. No. 1367 of 2010 and accused 2 with regard to Cri. P. No. 1217 of 2010, wherein they have been granted bail subject to certain conditions. 4. The learned State Public Prosecutor submits that the complainant has made out a case against the petitioners and therefore the petitioners are not entitled for bail. He submits that the security guard has been murdered and there has been a theft of the property of the complainant. 5. On hearing both the Counsels I am of the considered view that similarly placed persons have been granted bail by this Court and the same grounds will be applicable to these petitioners also. Further it could be seen that there is no direct evidence to implicate the petitioners and hence at the present stage it cannot be said that there is a prima facie case made out against the petitioners. For the aforesaid reasons, the petition is allowed. The petitioners are granted bail subject to the following conditions: (1) The petitioners shall execute a personal bond for a sum of Rs. For the aforesaid reasons, the petition is allowed. The petitioners are granted bail subject to the following conditions: (1) The petitioners shall execute a personal bond for a sum of Rs. 25,000/- each with one surety to the likesum to the satisfaction of the learned Jurisdictional Sessions Judge; (2) They shall mark their attendance at the jurisdictional police station where they reside, once in 15 days on Saturdays between 9 a.m. and 7 p.m. till filing of the final report; (3) They shall not leave the Sessions jurisdiction without prior permission; and (4) They shall not tamper with the prosecution witnesses in any manner.