Vijay S/o Popat Patole v. State of Karnataka Represented by Addl. SPP Kalaburagi Bench (Through Yadgiri Town Police Station Dist. Yadgiri)
2017-02-06
B.A.PATIL
body2017
DigiLaw.ai
ORDER : This petition is filed by the petitioner/accused No. 11 under Section 439 of Cr.P.C., seeking regular bail in Crime No. 72/2016 of Yadgiri Town Police Station, registered for the offence punishable under Section 398 of IPC and also for the offence punishable under Section 27 of the Arms Act. 2. Brief facts leading to filing of the complaint are that, On 03.04.2016 at about 4.45 p.m., when the complainant was in his house, three persons came from the ground floor to the first floor and stood in front of the main door and asked to provide drinking water. At that time, the complainant asked the said persons to stand outside the house further stating that he will provide drinking water to them. But the said three persons forcibly entered into the house, the complainant being afraid started to chant Srihari nama. When the said three persons were inside the house, the complainant escaped from them and came down and started to shout as thieves. On hearing the shouting of the complainant, the said three persons came down in order to escape from the said place. At that time, one Hajilal Nagaral who was selling banana tried to apprehend them, but the said persons scuffled with him and escaped from the said place. It is further case of the prosecution that, later on, the complainant came to know from one Minaz S/o Jamaluddin that when he was proceeding on his motorcycle bearing registration No. KA33/L2454 near forest office area, the said persons forcibly took the said motorcycle from him by showing pistol and so also, he came to know that two other persons were sitting in a Scorpio vehicle which was not having registration number. On the basis of the said complaint, a case has been registered and now the petitioner has been apprehended. 3. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for respondent-State. 4. The main grounds urged by the learned counsel for the petitioner are that petitioner is innocent and he has not committed any offence alleged against him. Initially, the complaint was registered against unknown persons and thereafter, the accused persons were involved in the said crime. He has further contended that the offences alleged against the petitioner are not punishable with death or imprisonment for life.
Initially, the complaint was registered against unknown persons and thereafter, the accused persons were involved in the said crime. He has further contended that the offences alleged against the petitioner are not punishable with death or imprisonment for life. The investigation has already been completed and charge sheet has been filed. It is also contended that petitioner has got both movable and immovable properties, therefore, there is no chance of he being absconded. It is further contended that if the petitioner is released on bail, he is ready to abide by the conditions to be imposed by this Court and he is 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 petitioner is a habitual offender and at this juncture, if the petitioner is released on bail, there is likelihood of he tampering with the prosecution witnesses and he may abscond and he may not be available for trial and he may again involve in similar type of criminal activities. On these grounds, he prays for dismissal of the petition. 6. I have gone through the contents of the complain, FIR and other material produced along with the petition. 7. On going through the said material, it would indicate that on the date of the alleged incident three persons came to the house of the complainant and tried to caught hold the complainant and tried to rob. But the complainant escaped from them and thereafter, the complainant came to know that the accused persons have forcibly taken away the motorcycle belonging to one Minaz S/o Jamaloddin. Initially, the complaint was filed against unknown persons. The complaint also reveal that earlier three persons came to the house of the complainant and later on, the alleged incident of snatching the motorcycle from Minaz S/o Jamaloddin has taken place, at that time, two other persons were sitting in Scorpio vehicle and three person by showing pistol have forcibly took the motorcycle. In that light, in all, there were five to six persons at the time of alleged incident. As to how and in what manner petitioner/accused No. 11 is involved in the alleged crime is not forthcoming from the records.
In that light, in all, there were five to six persons at the time of alleged incident. As to how and in what manner petitioner/accused No. 11 is involved in the alleged crime is not forthcoming from the records. When the investigation has already been completed and the offences levelled against the petitioner are not punishable with death or imprisonment for life, I feel that if the petitioner is released on bail by imposing stringent conditions, 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 petitioner/accused No.11 is ordered to be released on bail, subject to the following conditions: (i) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two solvent sureties for the likesum to the satisfaction of the jurisdictional Court; (ii) The petitioner shall not indulge in tampering the prosecution witnesses; (iii) The petitioner shall make himself available to the Investigating Officer as and when required; (iv) The petitioner shall appear before the Trial Court regularly on all the dates of hearing without fail. (v) The petitioner shall not leave the jurisdiction of the concerned Court without its prior permission.