Karnataka High Court
Sri.Vyshak.T.R. vs The State Of Karnataka on 11 August, 2014
Author: R.B Budihal
Bench: R.B Budihal
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 11TH DAY OF AUGUST 2014
BEFORE
THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.4392 OF 2014
BETWEEN:
SRI. VYSHAK T.R.
SON OF SRI RAVI,
AGED ABOUT 26 YEARS,
RESIDING AT THANDASIRI HOUSE,
KARIYAMBAVAD, VARANDARAPALLI
TALUK, THRISSUR DISTRICT,
KERALA STATE.
(ACCUSED IS NOT IN J.C.
ACCUSED NO.11)
... PETITIONER
(BY SRI. S. RAJU, ADV.,)
AND:
STATE OF KARNATAKA,
BY K.R.S. POLICE STATION,
MANDYA DISTRICT 540101.
... RESPONDENT
(BY SRI. K. NAGESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C. PRAYING THAT THIS HON'BLE COURT MAY
BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN
CRIME NO.127/2012 OF K.R.S. POLICE STATION,
MANDYA, FOR THE OFFENCE P/U/S 395 AND 397 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT PASSED THE FOLLOWING:-
2
ORDER
This is the petition filed by the petitioner - Accused No.11 under Section 439 of Cr.P.C., seeking his release on bail of the alleged offence punishable under section 395 and 397 of IPC, registered in respondent - police station in Crime No.127/12 of K.R.S. Police Station, Mandya.
2. Heard the arguments of the learned counsel appearing for the petitioner - Accused No.11 and also learned High Court Government Pleader for the respondent - State.
3. Looking to the submission made by the learned counsel appearing for the petitioner - Accused No.11 that as per the complaint averments, 7 to 8 persons who were in the car, dashed the vehicle of the complainant and they took him in their vehicle hit his limbs and there afterwards, they removed his clothes and snatched Rs.20,000/- from his pocket. 3
4. Learned counsel made the submission that so far as the present petitioner is concerned, he is arrayed as Accused No.11, Complainant has not identified the present petitioner and there is no recovery of any incriminating article from the present petitioner. He made submission that Accused Nos.1 to 3 have already been granted with bail under Section 167(2) of Cr.P.C. as the charge sheet was not filed within time and Accused No.12 is also granted with bail. Hence, the counsel made the submission by imposing reasonable condition, he can be enlarged on bail.
5. As against this, learned High Court Government pleader during the course of his arguments made submission that there is a recovery from all the accused persons and he also made the submission that the present petitioner is from Kerala State and if he is released on bail, then it is very difficult for the police to secure his presence. Hence, he submitted that the petitioner is not entitled to be enlarged on bail. 4
6. I have perused the averments made in the bail petition and all other materials produced along with the petition, so also the order passed by the lower court. Looking to the averments made in the complaint as well as in the FIR, it is seen FIR was registered against unknown persons mentioning that 7 to 8 persons were involved in the alleged offence. The present petitioner has been arrayed as Accused No.11. The materials collected during the investigation goes to show that a joint recovery was made and there is no recovery individually from the present petitioner. As submitted, Accused Nos1 to 3 have already been granted with bail under Section 167(2) of Cr.P.C. Accused No.12 is also granted with bail. It is the contention of the petitioner herein that he is not involved in the commission of the alleged offence. There is false implication of petitioner in this case. The alleged offence is not exclusively punishable with death or imprisonment for life. Looking to these materials on records, I am of the opinion that, 5 by imposing stringent conditions to secure his presence before the Court, he can be admitted to bail.
7. Accordingly, petition is allowed. The petitioner - Accused No.11 is ordered to be released on bail for the alleged offences punishable under Sections 395 and 397 of IPC, registered in respondent - police station in Crime No.127/12 of K.R.S. Police Station, Mandya, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety for the likesum to the satisfaction of the concerned Court;
(ii) The petitioner shall not directly or indirectly tamper with any of the prosecution witnesses;
(iii) The petitioner shall appear before the concerned Court regularly.
Sd/-
JUDGE Snc