Ashok S/o Dharmaraj v. State of Karnataka Through S. H. O. Raichur Rural Police Station
2017-02-06
B.A.PATIL
body2017
DigiLaw.ai
ORDER : This petition is filed by the petitioner/accused No.2 under Section 439 of Cr.P.C., seeking regular bail in Crime No. 160/2016 of Raichur Rural Police Station, registered for the offence punishable under Section 397 of IPC. 2. Brief facts leading to filing of the complaint are that, the complainant along with his son were proceeding on a motorcycle on 18.08.2016 and when they came near Heggasanahalli village, at that time accused persons also came on a Bajaj Discovery motorcycle bearing Reg. No. KA36/EB7757 and another Bajaj Palsar motorcycle bearing Reg. No. KA36/EH8632 stopped the motorcycle of the complainant and immediately they snatched the key of the motorcycle of the complainant and thereafter caught hold of the shirt of the person who was pillion rider on the motorcycle of the complainant and gave a life threat, thereafter with a common intention assaulted the complainant with hands on his head, back, thereafter they have snatched the gold chain, Samsung mobile, Rs.6,000/-, one silver finger ring and Rs.2,300/- which were with the complainant and the person who was pillion rider on the motorcycle of the complainant. Therefore, the complaint came to be lodged and on the basis of the said complaint a case has been registered against the accused persons. During the course of investigation, the accused persons were apprehended and now the petitioner is in custody. 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. Already investigation has been completed, therefore, the petitioner is not required for interrogation or investigation and no useful purpose is going to be served if the petitioner is continued in custody. It is also contended that no previous history of the petitioner is there about any such crime, as such, he has been falsely implicated and if he is detained in custody, it is going to effect his future career. It is also contended that the 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 ready to offer sureties.
It is also contended that the 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 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 accused petitioner has involved in a serious offence of snatching gold chain and the silver articles by threatening the life of the complainant and the another person. He has also contended that earlier, the petitioner has moved this Court for grant of bail. The said petition came to be dismissed on 28.09.2016. He has further contended that at this juncture, if the petitioner is released on bail, again he may indulge in similar types of crime, he may abscond and he may not be available for trial. On these grounds, he prays for dismissal of the petition. 6. I have gone through the copy of the FIR, complaint and other material produced along with the petition. 7. As could be seen from the complaint, it reveals that on 18.08.2016, accused persons have robbed some gold chain, silver articles, two mobiles and other things by threatening the complainant and another person with knife. No doubt, the earlier petition which has been filed by the petitioner came to be dismissed, but in the said petition it has been observed that the said petition was premature in nature and liberty is reserved to him to approach the Court after final report is filed by the police. Now as could be seen from the records made available to this Court, charge-sheet has been filed against the accused petitioner and the petitioner is not required either for the purpose of investigation or interrogation. Even the learned High Court Government Pleader fairly submitted that there are no records to show that the petitioner has involved in other such type of cases. Keeping in view the above said facts and circumstances of the case and in view of changed circumstances, I feel that by imposing some stringent conditions if the petitioner is enlarged on bail, it would meet the ends of justice and it would safeguard the interest of the prosecution. 8.
Keeping in view the above said facts and circumstances of the case and in view of changed circumstances, I feel that by imposing some stringent conditions if the petitioner is enlarged on bail, it would meet the ends of justice and it would safeguard the interest of the prosecution. 8. For the aforementioned reasons, the petition is allowed and the petitioner/accused No.2 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 tamper with any of 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 on all the dates of hearing without fail.