Karnataka High Court
CRL.P/9035/2016 of SRI MUNNA Vs STATE OF KARNATAKA on 29 December 2016
HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF DECEMBER, 2016 BEFORE HON' BLE MR. JUSTICE K.SOMASHEKAR CRIMINAL PETITION No.9035/2016 C/W CRIMINAL PETITION No.9036/2016 AND CRIMINAL PETITION No.9143/2016 IN CRL.P No.9035/2016: BETWEEN: SRI MUNNA S/O SYED ALI AGED ABOUT 40 YEARS
IN THE HIGH COURT OF KARNATAKA AT BENGALURUDATED THIS THE 29[TH]DAY OF DECEMBER, 2016
BRRORE
HON' BLE MR. JUSTICE K.SOMASHEKAR
CRIMINAL PETITION No.9035/2016C/WCRIMINAL PETITION No.9036/2016ANDCRIMINAL PETITION No.9143/2016
IN CRL.P No.9035/2016:
BETWEEN:
SRI MUNNA9/O SYED ALIAGED ABOUT 40 YEARSR/AT NO.174/354,KARISANDRA, YARABA NAGARBsSKIT, BENGALURU -7
... PETITTIONER
(BY SRI ANANTHA PADMANABHA G.N. ADV..,)
AND:
STATE OF KARNATAKABY JAYANAGARA NAGARPOLICE STATIONBENGALURU-560 O1 /S.P.P.HIGH COURT OFKARNATAKA BBNGALURU-O1.|~ RESPONDENT
THIS CRIMINAL PBRTITION IS FILED UNDER SECTION439 CR.P.C PRAYING TO ENLARGE THE PEITTIONER ON!BAILIN-CR.NO.294/2016|OF|JAYANAGARP.s., BENGALURU CITY, WHICH IS REGISTERED FOR THE)OFFENCE P/U/S 397 AND 413 OF IPC.
IN CRL.P NO.9036/2016:
BETWEEN:
ABDUL RKEHMAN9/O SAYEDAGKD ABOUT 47 YEARSR/AT NO.101, MODI ROAD,NBAR F-K-CABLE DEVARAJHHEVANA HALLI,BBNGALURU NORTH|AREBIC COLLEGEBENGALURU —-— 560 O78... PETITTIONER
(BY SRI ANANTHA PADMANABHA G.N. ADV..,)
AND:
STATE OF KARNATAKABY JAYANAGARA NAGAR.POLICE STATIONBENGALURU-560 O1 /S.P.P.HIGH COURT OFKARNATAKA BBNGALURU-O1.|~ RESPONDENT
THIS CRIMINAL PETITION IS FILED UNDER SECTION439 CR.P.C PRAYING TO ENLARGE THE PEITTIONER ON!BAILIN-CR.NO.294/2016|OF|JAYANAGARP.s.,BENGALURU CITY, WHICH IS REGISTERED FOR THE)OFFENCE P/U/S 397 AND 413 OF IPC.
IN CRL.P.No.9143/2016:
BETWEEN:
MOHAMMED AJMAL @ AJLAM9/O MOHAMED ANWAR)AGKD ABOUT 19 YBRARSR/AT NO.351, NEAR NOOR MASJID, VALMIKINAGARA, ISLAMPUR,NELAMANGALA,BANGALORE DISTRICI- 562 123.
... PETITTIO
(BY SRI SHOMASHEKARA HARVI, ADV..,)
AND:
STATE OF KARNATAKABY JAYANAGARA.P.S..REP. BY SPP HIGH COURT OF.KARNATAKA, BANGALORE — 560 OO1.~. RESPONDENT
THIS CRIMINAL PETITION IS FILED UNDER SECTIONs439 CR.P.C PRAYING TO BNLARGHK THR PRTITIONBR ONBAILIN-CR.NO.294/2016|OF|JAYANAGARP.s.,BANGALORE FOR THE OFFENCE P/U/S 397, 413 OF IPC.
THRBSBK PRTITIONS COMING ON FOR ORDERS THIDAY, THE COURT MADE THE FOLLOWING:|
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ORDER
These petitions are filed by the petitioner-accused|in Crl.P.Nos.9035, 9036 and 9143/16 under Section439 of Cr.P.C. in Crime No.294/16 registered by theJayanagar Police, for the offences punishable undersections 397 and 413 of IPC, seeking grant of regularbail among grounds urged therein. The petitioners arein judicial custody since their arrest.
2 |Since these petitions arise out of the samecrime number, they are disposed of by this commonorder.
3. |Heard.the|learnedcounsel forthe|petitioners-accused and the learned HCGP for therespondent.
4The case of the prosecution is that on26.10.2016 at about 7.30 p.m. two persons came inascooter and snatched his mobile phone near BESCollege and fled away. In that process, the said scootercolluded with the vehicle which was coming in front ofit and both the accused fell on the road. At that time,the complainant attempted to catch those persons andone of the accused caused injuries to him with Knifeand thereby he sustained bleeding injuries. Then thepublic who had gathered at the spot caught hold of oneof the accused and handed over him to police. On thebasis of the said complaint, the case came to beregistered for the offence punishable under Section 397and 413 oft [.P..C
5. It is contended by the learned counsel forthe petitioners that the accused are innocent persons, |despite of it their name has been named in the chargeSheet laid in the alleged crime. They hail fromrespectable family and they have been falsely implicatedin the alleged offence. Moreover, the petitioners-accusedare ready to abide by any terms and conditions thatmay be imposed by this Court. If they are kept behindbar for long period, their family members will lose theirbread earners to eke out their lives. Apart from this,the counsel for the petitioner has produced copy of theorder passed in Crl.P.No.8898/2016 dated 8.12.2016wherein the co-accused has been granted bail andsubmits on the principles of parity, these petitioners arealso to be enlarged on bail. Therefore, learned counselis praying for considering the grounds urged in thesepetition for granting bail. |
6. |Per contra, the learned HCGP submits thatthere are prima-facie material against the petitioners-accused in participating in the commission of the offence as narrated in the complaint. Therefore, theCourt below has rightly rejected the bail petitions of theaccused. Further, he submits that if the accused arereleased on bail, certainly they would come in the wayof the prosecution case and destroy the evidence. —Therefore, accused do not deserve bail.|
7. Having regard to the submissions of the|learned counsel for the petitioner/accused and learnedHigh Court Govt. Pleader, it is relevant to consider thatthe case has been registered against the accused for thealleged offence punishable under Sections 397 and 413of IPC. However, subsequent to registration of the case,it 18S under investigation and it requires recordingstatement.oT|Witnessesandcollectingmaterialdocuments. Therefore, at this stage, allegations madein the complaint does not require detailed discussionwhile considering bail petitions filed by accused. Theapprehension of learned Govt. Pleader could be suitablymet with by imposing appropriate conditions to|safeguard the interest of the prosecution.
8. Therefore, for the aforesaid reasons as well as inthe circumstances, I am of the considered opinion thatthe accused persons deserve bail. Hence, I proceed topass the following:
ORDER
The Petitions are hereby allowed subject to following conditions:
(1) Petitioners-accused shall execute a personalbond for a sum oOtV00,000/- (Rupees filty|thousand only) each with one surety for thelike sum to the satisfaction of the II AdditionalCMM, Bengaluru, where the case in CrimeNo.294/2016 is pending;bond for a sum oOtV00,000/- (Rupees filty|thousand only) each with one surety for thelike sum to the satisfaction of the II AdditionalCMM, Bengaluru, where the case in CrimeNo.294/2016 is pending;
(11) Petitioners-accused shall co-operate with the.investigating officer during the course ofinvestigation, if necessary.investigating officer during the course ofinvestigation, if necessary.
(111) Petitioners-accusedshallnottamperthe|prosecution witnesses or hamper the case ofthe prosecution.prosecution witnesses or hamper the case ofthe prosecution.
(iv) Petitioners-accusedshall|marktheirattendance once in fortnight as per Englishattendance once in fortnight as per English monthly calendar between 10.00 a.m., and
0.00 p.m., for a period of three months before the concerned SHO.
(v) Petitioners-accused shall not indulge in any criminal activities henceforth.
If any of these conditions are violated, the bail order shall stand automatically ceased/cancelled.
*alb/-.
Sd/-.
JUDGE.