Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JUNE, 2024 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 4910 OF 2024 BETWEEN: MOHAMMED SAD S/O SIRAJ AHMED, AGED ABOUT 24 YEARS, R/AT NO.39, ISLAMPU, BASAVANAHALLI, NELAMANGALA TALUK BENGALURU RURAL DISTRICT - 562 123 Digitally signed …PETITIONER by BHARATHI S (BY SRI. RAMESHA H.N., ADVOCATE) Location: high court of karnataka AND:
STATE OF KARNATAKA BY DOBBASPETE P.S. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560 001 …RESPONDENT (BY SRI. RAHUL RAI .K., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE CR.NO.74/2024 REGISTERED IN DOBBESPET POLICE STATION, BENGALURU DISTRICT, FOR THE OFFENCE P/U/S 397 OF IPC, PENDING ON THE FILE OF HONBLE PRL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, NELAMANGALA, BENGALURU RURAL DISTRICT. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: -2-
ORDER
The petitioner-accused No.7 is before this Court seeking
grant of bail under Section 439 of Cr.P.C. in Crime No.74/2024 of Dobbespet Police Station, pending on the file of the learned Prl.Civil Judge (Jr.Dn.) and JMFC, Court registered for the offences punishable under Section 397 of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant Sumanth.
2. Heard Sri.Ramesh H.N., learned counsel for the petitioner and Sri.Rahul Rai K, learned High Court Government Pleader for the respondent -State. Perused the materials on record.
3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: “Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?” My answer to the above point is in ‘Affirmative’ for the following: -3- REASONS
4. Petitioner being accused No.7 is seeking grant of
bail. He was apprehended on 06.04.2024 and since then he is in judicial custody. The informant being the driver of goods vehicle lodged the first information against six unknown persons stating that they have robbed the cash and other valuable articles by threatening and later assaulted with knife and caused injuries. During investigation, the present petitioner was apprehended and arrayed as accused No.7. Till date, no test identification parade was conducted. From the materials placed before the Court, it cannot be made out as to the role played by the present petitioner while committing the offence. However, leaned HCGP submits that cash of Rs.5,000/- was recovered from him. It is not the contention of the prosecution that the petitioner is required for custodial interrogation or that
he is having any criminal antecedents. Under such circumstances, I am of the opinion that the petitioner is entitled to be enlarged on bail subject to conditions, which will take care of the interest of the prosecution. -4-
5. Accordingly, I answer the above point in the affirmative and proceed to pass the following:
ORDER
The petition is allowed. The petitioner is ordered to be enlarged on bail in Crime No.74/2024 of Dobbespet Police Station, on obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions: a). The petitioner shall not commit similar offences. b). The petitioner shall not threaten or tamper with the prosecution witnesses. c). The petitioner shall appear before the Court as and when required. If in case, the petitioner violates any of the conditions as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail. On furnishing the sureties by the petitioner, the Trial Court is at liberty to direct the Investigating Officer to verify -5-
the correctness of the address and authenticity of the documents furnished by the petitioner and the sureties and a report may be called for in that regard, which is to be submitted by the Investigating Officer within 5 days. The Trial Court on satisfaction, may proceed to accept the sureties for the purpose of releasing the petitioner on bail.
Sd/- JUDGE BH List No.: 1 Sl No.: 26