Ranjith Singh S/o Darshan Singh v. State Through Kowthal Police Station, Raichur Through Additional SPP
2017-02-03
B.A.PATIL
body2017
DigiLaw.ai
ORDER : This petition is filed by the petitioners/accused Nos.1 and 2 under Section 439 of Cr.P.C., seeking regular bail in Crime No. 95/2016 of Kowthal Police Station, registered for the offence punishable under Section 392 of IPC. 2. Brief facts leading to filing of the complaint are that, The complainant being the taxi driver was driving the car bearing registration No. KA36/A405. Pursuant to the direction of his owner, on 29.08.2016 at about 7.00 p.m., he took three persons in the said car to the hospital near Solapur Railway Station. When the said car came near a hotel in Jakkaldinni camp, the inmates of the car instructed the driver to stop the car to have tea. Thereafter, they proceeded towards Lingasugur. At that time, one of the inmates who was travelling in the car said that he had nausea, other persons also alighted from the car under the guise of providing water. Immediately, all the three persons dragged the complainant in the land and tied him with a rope, assaulted and threatened him at the point of knife. Thereafter, by taking his purse took the amount of Rs.300/which was with him and ran away from that place. On the basis of the complaint, a case has been registered and subsequently, the accused persons have been identified by the complainant and they have been arrested. 3. I have heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for respondent-State. 4. The main grounds urged by the learned counsel for the petitioners are that petitioners are innocent persons and they are in judicial custody since 30.08.2016. As the investigation has already been completed, the petitioners are not required for the purpose of further investigation and interrogation. The offences alleged against the petitioners are not punishable with death or imprisonment for life. It is further contended that if the petitioners are released on bail, they are ready to abide by the conditions to be imposed by this Court and they are ready to offer sureties. On these grounds, he prays for allowing the petition. 5. On the contrary, learned High Court Government Pleader appearing for the respondent-State vehemently contended that petitioners used to involve in such activities and now they have been apprehended.
On these grounds, he prays for allowing the petition. 5. On the contrary, learned High Court Government Pleader appearing for the respondent-State vehemently contended that petitioners used to involve in such activities and now they have been apprehended. The petitioners belong to Punjab State and if they are released on bail, they may tamper with the prosecution witnesses, they may abscond and they may not be available for trial. On these grounds, he prays for dismissal of the petition. 6. I have gone through the contents of the complaint, FIR and other material produced along with the petition. 7. As could be seen from the contents of the complaint, the accused persons were travelling in Innova car and they have robbed the driver of the said car by threatening him with a knife and thereby, they have committed the alleged offence. It is brought to my notice that investigation has already been completed and charge sheet has been filed. The offence alleged against the petitioner is not punishable with death or imprisonment for life. As the petitioners belong to Punjab State, if they are released on bail by securing local and adequate security, it would safeguard the interest of the prosecution and it would meet the ends of justice. 8. For the aforementioned reasons, the petition is allowed and petitioners/accused Nos.1 and 2 are ordered to be released on bail, subject to the following conditions: (i) The petitioners shall execute personal bonds for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) each with two local solvent sureties each for the likesum to the satisfaction of the jurisdictional Court; (ii) The petitioners shall not indulge in tampering the prosecution witnesses; (iii) The petitioners shall make themselves available to the Investigating Officer as and when required; (iv) The petitioners shall appear before the Trial Court regularly on all the dates of hearing without fail. (v) The petitioners shall not leave the jurisdiction of Karnataka State without prior permission of the jurisdiction Court.