Karnataka High Court

CRL.P/8802/2017 of RUHID Vs STATE OF KARNATAKA 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.8802/2017 BETWEEN: RUHID AGED ABOUT 21 YEARS S/O SRI PYARE JAN R/AT NEAR INDIAR COTTAGE 4TH CROSS, CHANNAPATNA TOWN RAMANAGARA DISTRICT

IN THE HIGH COURT OF KARNATAKA AT BENGALURUDATED THIS THE 28[TH]DAY OF DECEMBER, 2017

BEFORE

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

CRIMINAL PETITION NO.8802/2017

BETWEEN:

RUHIDAGED ABOUT 21 YEARS9/O SRI PYARE JANR/AT NEAR INDIAR COTTAGEv[TH]CROSS, CHANNAPATNA TOWNRAMANAGARA DISTRICT — 562 160

... PETITIONER

(BY SRI SATYANARAYANA CHALKE 8., ADV.)

AND:

STATE OF KARNATAKABY THE STATION HOUSE OFFICER|CHANNAPATNA POLICK STATIONCHANNAPATNA TOWN CIRCLERAMANAGARA — 571 511.

RBSPONDENT

(BY SRI K. NAGESHWARAPPA, HCGP)

THIS CRIMINAL PRTITION IS FILED UNDER SECTION439 OF CR.P.C. PRAYING TO BNLARGE THR PETITIONER|ON BAIL IN CRIME NO.151/2017 OF CHANNAPATNA TOWNPOLICE STATION, RAMANAGARA FOR THE OFFENCES|P/U/Ss. 399 AND 402 OF IPC.

THIS PETITION COMING ON FOR ORDERS THIS DAY,THERE COURT MADE THE FOLLOWING

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ORDER

This petition is filed by the petitioner under|section 439 of Cr.P.C. seeking his release on bail inCrime No.191/2017 for the offences punishableunder Sections 399 and 402 of IPC registered by therespondent/ police.

2 |It is stated in the complaint that aftersetting credible information, on 08.10.2017 at about4.00 a.m. the complainant went to Shettihalli ofChennapatna and found that the accused personswere hiding and preparing to commit dacoity,obstructing the vehicles in pursuance of theirscheme. On search the complainant — PSI foundchilly power and a dagger in their possession andon enquiry they mentioned their names. Hence, the present case came to be registered against theaccused persons.

3Heard the learned Counsel for the.petitioner and the learned High Court GovernmentPleader.

4Learned Counsel for the petitioner wouldsubmit that the petitioner is a fruit vendor and he isinnocent and not involved in the alleged offences.Hence, he sought for enlarging the petitioner onbail.

5. Percontra,learnedHigh|Court.Government Pleader submits that the investigationis not yet completed and the petitioner is requiredfor interrogation. Hence, the petitioner is notentitled to be released on bail.

6. |Considering the facts and circumstancesof the case, besides the stay of the petitioner injudicial custody, I am of the sincere view that thepetitioner may be enlarged on bail by imposingreasonable conditions. |

[|Accordingly,|thepetition1Sallowed.Petitioner is ordered to be released on bail in Crime(No.151/2017forthe.offencespunishableundersections 399 and 402 of IPC registered by therespondent — police, subject to the following conditions:- —

1) |The petitioner shall execute a personal bondfor Rs.1,00,000/- (Rupees One Lakh only)withaasuretyowningandpossessing|immovable properties for the likesum.for Rs.1,00,000/- (Rupees One Lakh only)withaasuretyowningandpossessing|immovable properties for the likesum.

11) The petitioner shall not terrorize or tamperthe prosecution witnesses in any manner. the prosecution witnesses in any manner.

+++#

The petitioner shall not leave the Karnataka|border without prior permission of the trialCourt.border without prior permission of the trialCourt.

SA.

+?#The petitioner shall mark his attendance|before the Investigating Officer on everysecond and fourth Saturdays of each monthbetween 9.00 and 10.00 p.m. until further|orders by the trial Court.

Sd/-|

JUDGE |

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