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2015 DIGILAW 696 (KAR)

Samiulla Khan v. State by Javagal Police

2015-07-01

L.NARAYANA SWAMY

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ORDER : L. Narayana Swamy, J. Heard the learned Counsel for the petitioner and the learned Government Pleader for the respondent-State. 2. Petitioner is accused in Cri. No. 57 of 2015 on the file of Javagal Police Station, Hassan District. After concluding investigation, charge-sheet has been filed for the offences punishable under Sections 395, 363, 368, 414 and 120-B of Indian Penal Code, 1860. The petitioner is in judicial custody since 2 months. Hence, regular bail application has been filed under Section 439 of Criminal Procedure Code, 1973. 3. The main allegation against this petitioner-accused is that, on 14-4-2015 at about 8.00 p.m., the complainant sent 335 bags of pepper each weighing 60 kgs., in a Lorry bearing Registration No. TN-52-F-7470 from Mudigere to Jaipur which was driven by accused persons and to show the route the complainant also sent accused 3 along with them from Mudigere till Hiriyur. On the same day at about 12.30 p.m. one Rajesh Shenoy, who is the owner of Transport Company, telephoned to the complainant and informed that at about 11.45 p.m., when the said lorry was proceeding near Javagal, two persons came on the motorbike and six persons, who were assembled near fence came and stopped the lorry, poured chilly powder on the eyes of driver and cleaner of the lorry and taken away the lorry with pepper bags along with its driver and cleaner. Hence, they have lodged the complaint before the police suspecting the driver and cleaner of the lorry and also one Sri Siddique. 4. Learned Government Pleader has vehemently opposed the bail application on the ground that there is prima facie case against the petitioner along with other accused persons intentionally, deliberately; knowing fully well-committed the offence of dacoity of pepper worth rupees One Crore Nine Lakhs. The investigation is still in progress and charge-sheet is yet to be filed. The Investigation Officer recovered vehicles and a mobile phone and there exists prima facie case of dacoity. Hence he requests this Court to dismiss the bail application. 5. Perused the records. 6. It is evident that, this petitioner-accused, along with other accused persons were making attempt to dacoity of 335 bags of pepper on the night of 14-4-2015 at about 8.00 p.m. Substantial part of the investigation is already over. Hence he requests this Court to dismiss the bail application. 5. Perused the records. 6. It is evident that, this petitioner-accused, along with other accused persons were making attempt to dacoity of 335 bags of pepper on the night of 14-4-2015 at about 8.00 p.m. Substantial part of the investigation is already over. The petitioner is a permanent resident of Devanur Village, Kadur Taluk having roots in the community and has undertaken to obey any condition that may be imposed. Thus the apprehension of the learned High Court Government Pleader could be met by imposing suitable conditions: ORDER Accordingly, the petition under Section 439 of Cr. P.C. is allowed and the petitioner is to be enlarged on bail, in Crime No. 57 of 2015 of Javagal Police Station, Hassan District, subject to the following conditions: (1) Petitioner shall be released on bail on his execution of personal bond for a sum of Rs. 75,000/- (Rupees Seventy-five Thousand only) with one surety for like sum to the satisfaction of the concerned Court. (2) Petitioner shall not tamper or attempt to tamper any of the prosecution witnesses. (3) Petitioner shall not hold out threats to the prosecution witnesses or lure them in any manner. (4) Petitioner shall not involve in any criminal activities. (5) Petitioner shall attend the Sessions Court regularly on all dates of hearing and shall co-operate with the trial. (6) Petitioner shall mark attendance at the Jurisdictional Police Station on every second Sunday of the month between 9 a.m. to 5 p.m. for a period of six months from the date of his release or till the disposal of the case, whichever is earlier. (7) If the petitioner violates any one of the condition imposed on him, the prosecution is at liberty to seek for cancellation of bail from the concerned Sessions Court. Ordered accordingly.