Karnataka High Court

CRL.P/9989/2017 of NAGARAJ T @ APACHE NAGA @ NAGA Vs THE STATE BY BYDARAHALLI POLICE STATION on 28 December 2017

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HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO CRIMINAL PETITION NO.9989 OF 2017 BETWEEN: NAGARAJ T @ APACHE NAGA @ NAGA S/O THIMMEGOWDA AGE: 18 YEARS, STUDENT R/ A NEAR RAGI MACHINE 6TH CROSS, VIGNESHWARA NAGAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28[TH|]DAY OF DECEMBER 2701/

BEFORE.

THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO

CRIMINAL PETITION NOQ.9989 OF 201

BEIT WEE

NAGARAJ T @ APACHE NAGA @ NAGA|S/O THIMMEGOWDAAGE: 18 YEARS, STUDENT|R/A NEAR RAGI MACHINE|#[TR]CROSS, VIGNESHWARA NAGAR|HEROHALLI WARDBENGALURU - 560 OSL... PETITIONER

(BY SRI.M.R.BALAKRISHNA, ADV.)

AND#

THE STATE BY BYDARAHALLI POLICE STATIONMAGADI SUB-DIVISION.BENGALURU RURAL DIST.REPRESENTED BY STATE PUBLIC PROSECUTORHIGH COURT BUILDINGBENGALURU - 560 OOL.— RESPONDENT|

(BY SRI.K.NAGESHWARAPPA, HCGP)

This Criminal Petition is filed under Section 439 ofCr.P.C., praying to enlarge the petitioner on bail in'Cr.No.643/2017 of Byadarahalli P.S., Ramanagara District|for the offence punisnable under Section 397 of IPC.

This Petition coming on for Orders this day, the Courtmade the following:-

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ORDER

ThesubstanceOF the complaintISthat|ON|27.11.2017 in the morning at 11 a.m., a complaint was.lodged stating that on 20.11.2017 at about 9.30 p.m.after dinner, the complainant was walking near BMTC bus|stand and two motorcycles being driven by strangers.came from opposite direction and waylaid the complainant|and his friend and robbed mobile sets. The petitioner was|arrested on 28.11.2017.

2. Learned High Court Government Pleader opposes|the application.

3. In the context of circumstances, on considering|the complaint and the submissions made by the learned|counsel, I am of the sincere view that it is just and proper.to grant relief to the petitioner. The apprehensions of the.prosecution however could be resolved by imposing.conditions. —

4 |Accordingly, the petition is allowed. Thepetitioner/accused is ordered to be released on bail for theoffence punishable under Section 397 of IPC registered in.

4 |Accordingly, the petition is allowed. The Crime No.643/2017, subject to the following conditions:

)-*The petitioner has to execute a personalbond|fOr|=50,000/-(Rupeesfiftythousand only) and nas to furnish onesolvent surety of a person possessingimmovable properties, for the likesum tothe satisfaction of the concerned Court. |bond|fOr|=50,000/-(Rupeesfiftythousand only) and nas to furnish onesolvent surety of a person possessingimmovable properties, for the likesum tothe satisfaction of the concerned Court. |

)--*He shall not tamper with any of theprosecutionwitnesses,directlyOT|indirectly. |prosecutionwitnesses,directlyOT|indirectly. |

)---*He has to appear before the concernedCourt regularly.Court regularly.

)-C*He has to mark his attendance before theInvestigating Officer at 9 p.m. on everysecond and third Saturday of each monthuntil further orders by the Trial Court.Investigating Officer at 9 p.m. on everysecond and third Saturday of each monthuntil further orders by the Trial Court.

RV

Sd/-_

JUDGE

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