Ashok S/o Sheshappa Kasle v. State of Karnataka through Bhalki Town Police Station
2017-02-06
B.A.PATIL
body2017
DigiLaw.ai
ORDER : This petition is filed by petitioner/accused No.3 under Section 439 of Cr.P.C., seeking regular bail in Crime No. 400/2014 of Bhalki Town Police Station (S.C.No.205/2016 pending on the file of the Additional District and Sessions Judge at Bidar) for the offences punishable under Sections 328 and 420 of IPC and also for the offence punishable under Section 78 (III) of the Karnataka Police Act. 2. Brief facts leading to filing of the complaint are that, on 28.11.2014 at about 2.30 p.m. when the complainant C.P.I., Bhalki Town Police Station and his staff were on patrolling duty at Basaweshwara Chowk, they received a credible information that some persons were cheating the public by collecting the money from them under the guise of paying Rs.80/for Rs.1/and selling some prohibited drugs near Government College compound in front of the house of one Vilas Kudumbole. Immediately, along with panch witnesses, they went to the spot and made a raid. There accused Nos.1 and 2 were caught hold and on enquiry they told the name of accused No.3. The complainant seized the cash of Rs.800/, 5 matka number written chits, one ball pen, 25 tablets and one mobile phone from the accused Nos.1 and 2. After completion of investigation, charge-sheet has been filed and during the course of investigation, accused No.3 has been apprehended and now he is judicial custody. 3. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State. 4. The main grounds urged by the learned counsel for the petitioner are that the alleged offences are not punishable with death or imprisonment for life. The petitioner is not the habitual offender, the police have apprehended the accused with an intention to harass and humiliate them. It is also contended that already charge sheet has been filed and petitioner is not required for the purpose of investigation or interrogation. 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. Per contra, learned High Court Government Pleader appearing for the respondent-State vehemently argued and contended that earlier also the petitioner has committed the similar type of offences and he is a habitual offender.
On these grounds, he prays for allowing the petition. 5. Per contra, learned High Court Government Pleader appearing for the respondent-State vehemently argued and contended that earlier also the petitioner has committed the similar type of offences and he is a habitual offender. He further contended that at this juncture, if the petitioner is enlarged on bail, he may again indulge in similar type of criminal activities, he may abscond and he may not 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. By going through the contents of the complaint, it reveals that on receiving the credible information, the police have immediately went to the spot, conducted raid and there they have apprehended accused Nos.1 and 2. During the course of investigation, accused No.3 also arrested and produced before the Court and now he is in custody. Even though, the learned High Court Government Pleader would contend that the petitioner is involved in many cases and he is a habitual offender, but no documents have been produced to substantiate the said fact. When already the charge sheet has been filed, accused Nos.1 and 2 have already been released on bail and the alleged offences are not punishable with death or imprisonment for life, under such circumstances, I feel that if the petitioner is released on bail by imposing some stringent conditions, it would meet the ends of justice and it would also safeguard the interest of the prosecution. 8. For the above reasons, the petition is allowed and the petitioner/accused No.3 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 directly or indirectly; 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.