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2020 DIGILAW 1919 (KAR)

Rohit v. State Of Karnataka

2020-09-30

B.A.PATIL

body2020
JUDGMENT B.A. Patil, J. - This petition has been filed by the petitioners/accused Nos.1, 2, 3 and 6 under Section 439 of Cr.P.C to release them on bail in Crime No.206/2020 of Bidadi police station (pending on the file of the Principal Civil Judge (Sr. Dvn) and CJM, Ramanagara), for the offences punishable under Sections 399 and 402 of IPC. 2. I have heard the learned counsel Sri.Chandrashekar H.B for the petitioners/accused Nos.1, 2, 3 and 6 and the learned HCGP Sri.M.Divakar Maddur for the respondent-State. 3. The case of the prosecution in short is that on 12.08.2020 at about 8 p.m, Bidadi police received a credible information that about 5 to 6 persons by holding deadly weapons were preparing to commit dacoity and immediately they have been apprehended and a personal search has been made and certain incriminating articles have been seized and a case has been registered. 4. It is the submission of the learned counsel for the petitioners/accused Nos.1, 2, 3 and 6 that petitioners/accused Nos.1, 2, 3 and 6 have been falsely implicated, there are no bad antecedents as against them, the alleged offences are not punishable with death or imprisonment for life. It is his further submission that petitioners/accused Nos.1, 2, 3 and 6 have not even been involved in Crime Nos.200/2020 and 205/2020 and that in those cases, a case has been registered against unknown persons, now they falsely contend that they have also involved in the alleged crime. They are ready to abide by the conditions imposed by this court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioners/accused Nos.1, 2, 3 and 6 on bail. 5. It is the submission of the learned HCGP that the petitioners/accused Nos.1, 2, 3 and 6 are habitual offenders and they are also involved in Crime Nos.200/2020 and 205/2020. If they are released on bail, they may indulge in similar type of criminal activities. 6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records. 7. If they are released on bail, they may indulge in similar type of criminal activities. 6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records. 7. That the contents of the complaint indicates that on the alleged date i.e., on 12.08.2020, on credible information, they went and apprehended the petitioners/accused Nos.1, 2, 3 and 6, alleged offences are not punishable with death or imprisonment for life, no bad antecedents have also been alleged by the prosecution though it is contended that they have also been involved in Crime Nos.200/2020 and 205/2020 but the case has been registered against unknown persons. 8. Taking into consideration the above said facts and circumstances, I am of the considered opinion that if by imposing some stringent conditions, if the petitioners/accused Nos.1, 2, 3 and 6 are ordered to be released on bail, it is going to meet the ends of justice. In that light, the petition is allowed and the petitioners/accused Nos.1, 2, 3 and 6 are ordered to be released on bail in Crime No.206/2020 of Bidadi police station (pending on the file of the Principal Civil Judge (Sr. Dvn) and CJM, Ramanagara), for the offences punishable under Sections 399 and 402 of IPC, with following conditions: i) The petitioners/accused Nos.1, 2, 3 and 6 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) each with two sureties for the likesum to the satisfaction of Trial Court. ii) The petitioners/accused Nos.1, 2, 3 and 6 shall not tamper with the prosecution evidence directly or indirectly. iii) They shall be regular in attending the trial. iv) They shall not indulge in similar type of criminal activities during pendency of case. v) They shall not leave the jurisdiction of the Court without prior permission. vi) They shall mark their attendance once in a month on every first in between 10.00 a.m. and 5.00 p.m. before the jurisdictional police till the trial is concluded. If they violates any one of the conditions, respondent- Police is at liberty to move for cancellation of the bail.