N Ravikumar S/o Sri Narasimhaiah v. State of Karnataka By Magadi Road Police Bengaluru City
2017-11-08
BUDIHAL R.B.
body2017
DigiLaw.ai
ORDER : This petition is filed by the petitioner/accused No.9 under Section 438 of Cr.P.C. seeking anticipatory bail to direct the respondent-police to release the petitioner on bail in the event of his arrest for the offences punishable under Sections 395 and 363 of IPC registered in respondent police station Crime No.268/2016. 2. Heard the arguments of the learned counsel appearing for the petitioner/accused No.9 and also the learned High Court Government Pleader appearing for the respondent-State. 3. Learned counsel for the petitioner during the course of his arguments submitted that in the FIR only the names of five accused persons are specifically mentioned and the name of the petitioner is not figured either in the complaint or in the FIR. It is further submitted that accused Nos.1 to 6 have been already granted bail by the order of the Court. There is no prima facie case as against the petitioner. Hence, by imposing reasonable conditions, petitioner may be admitted to anticipatory bail. 4. Per contra, learned High Court Government Pleader during the course of his arguments submitted that the matter is still under investigation and the amount is yet to be recovered from the petitioner-accused No.9. Hence, at this stage, petitioner is not entitled to be granted with anticipatory bail. 5. I have perused the grounds urged in the bail petition, FIR, complaint and other materials produced in the case. 6. As submitted, the FIR came to be registered specifically against accused Nos.1 to 5 and accused No.6 is shown as others in the FIR. So far as the petitioner is concerned, his name is not shown either in the FIR or in the complaint. 7. As per the prosecution material, some amount is recovered from other accused persons who are already on bail. Petitioner has contended that he is innocent and not involved in committing the said offences. He is ready to co-operate with the investigation and to abide by any reasonable conditions to be imposed by the Court. The alleged offence under Section 395 of IPC is also not exclusively punishable with death or imprisonment for life. As accused Nos.1 to 6 have been already considered for bail by the order of this Court, by imposing reasonable conditions petitioner could be admitted to anticipatory bail. 8. Accordingly, petition is allowed.
The alleged offence under Section 395 of IPC is also not exclusively punishable with death or imprisonment for life. As accused Nos.1 to 6 have been already considered for bail by the order of this Court, by imposing reasonable conditions petitioner could be admitted to anticipatory bail. 8. Accordingly, petition is allowed. The respondent-police are directed to enlarge the petitioner on bail in the event of his arrest for the alleged offences punishable under Sections 395 and 363 of IPC registered in respondent police station Crime No.268/2016, subject to the following conditions: (i). Petitioner shall execute a personal bond for a sum of Rs.1,00,000/and shall furnish one solvent surety for the likesum to the satisfaction of the arresting authority. (ii). Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly. (iii). Petitioner shall make himself available before the Investigating Officer for interrogation, as and when called for and to cooperate with the further investigation. (iv). Petitioner shall appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond.