Karnataka High Court
Sri. Ramesh R vs State Of Karnataka on 17 January, 2020
Author: John Michael Cunha
Bench: John Michael Cunha
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JANUARY, 2020
BEFORE
THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.178 OF 2020
BETWEEN:
1. Sri. Ramesh R.,
S/o. Late Sri. Rangappa,
Aged about 42 years,
R/at No.51, 2nd Main,
2nd Cross, L.G. Ramanna Layout,
Laggere,
Bengaluru - 560 058.
2. Sri. Nagesh,
S/o. Sri. Rudrappa,
Aged about 32 years,
R/at No.98/44, 2nd Main,
4th Cross, Bhovi Colony,
Mahalakshmi Layout,
Bengaluru - 560 086.
3. Sri. Sathisha,
S/o. Sri. Ganesh,
Aged about 20 years,
R/at No.98/44, 2nd Main,
4th Cross, Bhovi Colony,
Mahalakshmi Layout,
Bengaluru - 560 086.
4. Sri. Chandru,
S/o. Sri. Krishnappa,
-2-
Aged about 40 years,
R/at No.31, 2nd Main,
Sakamma Layout,
Laggere,
Bengaluru - 560 058. ...Petitioners
(By Sri. C.H. Hanumantharaya, Senior Advocate)
AND:
State of Karnataka,
By RMC Yard Police Station,
Represented by
The State Public Prosecutor,
High Courts Building,
Bengaluru - 560 001. ...Respondent
(By Sri. Rohith B.J., HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C. praying to enlarge the petitioners on bail in
Cr.No.211/2019 of R.M.C. Yard Police Station, Bengaluru,
for the offences punishable under Sections 41(D) and 102
of Cr.P.C. and Sections 25 and 25(A) of Arms Act.
This Criminal Petition coming on for Orders this day,
the Court made the following:
ORDER
Petitioners are accused Nos.1 to 4 in the FIR registered in Crime No.211/2019 under Sections 41(D) and 102 of Cr.P.C. and Section 25 of the Arms Act, 1959. -3-
2. Heard learned Senior counsel for petitioners and learned HCGP appearing for respondent-State. Learned HCGP has not filed any Statement of Objection, but has orally opposed the petition.
3. The case of the prosecution is that on receiving credible information that four persons were moving in a Maruthi Suzuki Baleno Car parked in front of a travelers office at Yeshwanthpur - Tumkur Road, complainant along with his team inspected the said Maruthi Suzuki Baleno Car bearing registration No.KA-05-MT-6195 and interrogated accused Nos.1 to 4. On search, accused No.1 was found in possession of Rs.28,50,000/- cash and on further search, they found a pistol without magazine. Since, petitioners / accused Nos.1 to 4 were not able to explain the source of cash or the ownership of the pistol they were taken into custody and FIR was registered against them and remand application was submitted to the Court. It appears that during the course of enquiry, accused No.1 has disclosed -4- that the pistol in question belonged to one Mr.Raghavendra.
4. It is not the case of the prosecution that it was an unlicensed arm. It is also not the case of the prosecution that the petitioners had procured the said weapon for commission of criminal offence. Under the said circumstances, there being sufficient explanation by the petitioners with regard to the said weapon, custody of the petitioners is not required to be extended any further. Insofar as the possession of money is concerned, no offence is alleged to have been committed by the petitioners. Even otherwise, the petitioners have produced Annexure - F in an attempt to show the source of money. Under the said circumstances, custody of the petitioners is not required to be extended either for the purpose of further investigation or for the purpose of eventual trial. In that view of the matter, petition deserves to be allowed.
Accordingly, the criminal petition is allowed. -5-
i) Petitioners/accused Nos.1 to 4 are ordered to be enlarged on bail on furnishing a bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties each for the likesum to the satisfaction of the jurisdictional court.
ii) They shall appear before the court as and when required.
iii) They shall not threaten or allure the prosecution witnesses in whatsoever manner.
iv) They shall not get involved in similar offences.
v) They shall not leave the territorial limits
of the Trial Court without prior
permission of the Trial Court.
Sd/-
JUDGE
SV