Karnataka High Court
Mahesh S/O Sharabanna Sajjan vs The State Of Karnataka on 16 October, 2012
Author: C.R.Kumaraswamy
Bench: C.R.Kumaraswamy
1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT GULBARGA
DATED THIS THE 16TH DAY OF OCTOBER 2012
BEFORE
THE HON'BLE MR.JUSTICE C.R.KUMARASWAMY
CRIMINAL PETITION NO.16024/2012
BETWEEN:
MAHESH
S/O SHARABANNA SAJJAN
AGE: 21 YEARS
OCC: STUDENT
R/O LAXMI NAGAR
STATION AREA YADGIR
... PETITIONER
(BY SRI CHAITANYAKUMAR CHANDRIKI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH YADGIR TOWN P.S.,
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT GULBARGA.
... RESPONDENT
(BY SRI SUBHASH MALLAPUR, HCGP)
THIS CRIMINAL PETITION FILED UNDER SECTION 439 OF
CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO
RELEASE THE PETITIONER ON BAIL IN CRIME NO:136/2012 (FIR NO:
210/2012) REGISTERED BY THE YADGIR TOWN POLICE STATION,
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WHICH IS REGISTERED FOR THE OFFENCE P/U/Ss.457, 380, 511 OF
IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This Criminal Petition is filed under Section 439 of Cr.P.C. by the counsel for the petitioner praying to release the petitioner on bail in Crime No.136/2012 (FIR No.210/2012) registered by the Yadgir Town Police Station, which is registered for the offences punishable under Sections 457, 380 and 511 of Indian Penal Code.
2. I have heard the learned counsel for the petitioner and learned High Court Government Pleader. I have perused the FIR found in the records.
3. The contents of FIR discloses that Yadgir Town Police have registered a case in Crime No.136/2012 against accused No.1 for the offences punishable under Sections 457, 380 and 511 of Indian Penal Code on the complaint of one Swami Ayyappa. It is alleged in the complaint that on 28.08.2012 at 3 about 5.00 a.m. The complainant has locked his house and went for walking. When he returned to home, at that time, door was opened, some unknown persons were committing theft in the house. The complainant entered the house and saw him and with the aid of neighbourer culprit was apprehended and he was handed over to the custody of Police.
4. The main allegation made against the petitioner is that he was attempting to commit theft in the dwelling house. The offences alleged against the petitioner are under Sections 457, 380 and 511 of Indian Penal Code. These offences are not punishable with death or imprisonment for life. Petitioner is aged about 21 years. Petitioner is in jail. He is young, if he is mixed with hard core criminals in the jail, it will affect his career. It is submitted by the learned counsel for the petitioner that he was not involved in any other offence. Therefore, considering the age of the petitioner and also since 4 the offences are not punishable with death or imprisonment for life, in my view, this petition deserves to be allowed.
5. In the result, I pass the following:
ORDER This bail petition is allowed conditionally. The petitioner is granted with bail. He shall be released on bail in Crime No.136/2012 of Yadgir Town Police Station on his executing a personal bond for a sum of `15,000/- with two sureties for the likesum to the satisfaction of the learned JMFC, Yadgir on the following conditions:
1. The petitioner shall not tamper with the prosecution witnesses nor hamper the investigation in any manner.
2. He shall assist in the investigation.
3. He shall not commit similar offence.
4. If any condition is violated, the bail entails cancellation.
Sd/-
JUDGE NB*