Karnataka High Court
Thara Kaarki @ Asha Kumari Gurang vs State By Jayanagar Ps on 7 August, 2019
Author: K.N.Phaneendra
Bench: K. N. Phaneendra
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 07TH DAY OF AUGUST 2019
BEFORE
THE HON'BLE MR. JUSTICE K. N. PHANEENDRA
CRIMINAL PETITION No.2502/2019
BETWEEN:
1. Thara Kaarki @ Asha Kumari Gurang,
S/o Sutbir Gurung,
Aged about 40 years,
R/at No.Babubadi - 3,
Jhapa District, Nepal.
Local Address:
No.4, 5th Cross, N.G. Palya,
Bangalore - 560 029.
2. Sutbir Gurung,
S/o late Tula Gurung,
Aged about 50 years,
R/at No. Sainik Basti,
Bhandar Dhick,
Lekhnath Ward No.29,
Pokhara Mahanagara Palika,
Nepal.
Local Address:
No.4, 5th Cross, N.G. Palya,
Bangalore - 560 029. ... Petitioners
(By Sri Sirajuddin Ahmed, Advocate)
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AND:
State by Jayanagar P.S.,
Reptd. By HCGP,
High Court of Karnataka,
Bangalore City - 560 001. ... Respondent
(By Sri K.P. Yoganna, HCGP)
This Criminal Petition is filed under Section 439 of
Criminal Procedure Code, praying to enlarge the
petitioners on bail in Crime No.17/2019 of Jayanagar
P.S., Bangalore for the offences p/u/Ss 454, 457, 380
of IPC.
This Criminal Petition coming on for Orders this
day, the Court made the following:
ORDER
Heard the learned counsel for petitioner, learned HCGP for the respondent-State and perused the records.
2. The brief factual matrix of the case is that a case was registered against the petitioners and others in Crime No.17/2019 by the respondent police on the complaint lodged by one Janardhan Babu. It is alleged that the complainant's relative by name P.S.Divakar 3 was residing along with his family in 5th Block, Jayanagar, Bengaluru. On 28.01.2019, in the early hours at about 5.00 a.m., the said Divakar had been to Pondicherry along with his family members. On 30.01.2019, the complainant came to know from his daughter that theft was committed in the house of Divakar. Immediately, the complainant visited the house of Divakar and found that the main door was broken and he went inside the house and found that the said house was subjected to theft and the lockers were broken, cash and valuables were taken.
3. On the basis of the above said information, the police have registered a case and investigated the matter.
4. It appears, the petitioners were appointed as servants in the house of Diwakar. It is the allegation that accused nos.1 to 3 have gathered information from these petitioners that on that particular day their owner 4 i.e., the owner of the house will not be present in the said house and taking advantage of the same, accused nos.1 to 3 alleged to have entered the house of the said Divakar and ransacked the house.
4. The nature of allegations made against the petitioners shows that they were only informants to accused nos.1 to 3. There is no overt act as such alleged against the petitioners herein who are accused Nos.4 & 5, that they were present at the time of ransacking the house or accused nos.1 to 3 have distributed any bounty to the petitioners.
5. Considering the nature of allegations made against the petitioners and also that petitioners are in judicial custody since eight months and charge sheet has been filed, the petitioners are entitled to be enlarged on bail.
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6. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioners shall be released on bail in connection with Crime No.17/2019 of Jayanagar Police Station, Bengaluru City, registered against them for the offences punishable under Sections 454, 457, 380 of IPC subject to the following conditions:
(i) The petitioners shall execute their personal bond for a sum of Rs1,00,000/-
(Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioners shall not tamper the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
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(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against them is disposed of.
Sd/-
JUDGE Np/-