Karnataka High Court
Murugeshan vs The State Of Karnataka on 10 November, 2014
Author: A.V.Chandrashekara
Bench: A.V.Chandrashekara
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 10th DAY OF NOVEMBER 2014
BEFORE
THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA
CRIMINAL PETITION No. 5906/2014
BETWEEN:
Murugeshan,
s/o Gopalan,
Aged about 54 years,
R/at No.1, Kanwatheertha Padav,
Manjeshwara Panchayath,
Sultan Batheri,
Kasaragod District,
Kerala State,
PIN 671223 ...PETITIONER
(By Sri. Rahul Rai K., Advocate)
AND:
The State of Karnataka,
Through Hassan Extension
Police Station,
Represented by its
State Public Prosecutor,
High Court Building,
Bangalore-560 001. ... RESPONDENT
(By Sri K. Maheshwarappa, HCGP)
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This Criminal Petition is filed under Section 439 of
Cr.P.C. by the advocate for the petitioner praying to
allow the petition and direct the Hassan Extension
Police Station, Hassan District to release the petitioner
on bail in Crime No. 304/2010 (S.C.No.141/2013)
pending on the file of the learned II Additional District
and Sessions Judge, Hassan, for the alleged offences
punishable under Sections 457, 455, 395 and 397 of
IPC.
This Criminal Petition coming on for orders this
day, the Court made the following:-
ORDER
The petitioner is accused No.2 in a case bearing Crime No. 304/2010 on the file of the Hassan Extension Police Station, Hassan. The offences alleged against him and others are punishable under Sections 457, 455, 395 and 397 of IPC.
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2. The petitioner has been in judicial custody since two years. Hence, regular bail application is filed on behalf of the petitioner.
3. Learned HCGP has vehemently opposed the bail application on the ground that it is too premature to disbelieve the materials collected by the police and that this case is one of committing dacoit in the house of Sri P.N. Shanthegowda.
4. Perused the records and the orders passed by this Court on 23.6.2014 and 16.9.2014 in Criminal Petition Nos. 2310/2014 and 5527/2014 respectively.
5. I have perused the averments made in the bail petition, FIR, complaint and other materials produced in the case along with the petition. Looking to the complaint averments, one Sri P.N. Shanthegowda is the complainant in this case. He has mentioned that on 29.11.2010 at 10.00 PM after the dinner, he and his 4 family members went to sleep. At about 10.30 AM, the complainant heard the sound of some persons knocking at the door. The son of the complainant, his son-in-law and daughter all went near the door and found that four unknown persons had entered the house and had deadly weapons. They had covered their faces with red cloth and threatened the complainant and other family members and took away gold ornaments and cash of Rs.5,000/-. On the basis of the said complaint, firstly a case was registered against unknown persons and during investigation, the present petitioner has been arraigned as accused No.2. It is the contention of the learned Counsel appearing for the petitioner herein that only on the basis of voluntary statement said to have been given by accused No.1 and all other accused persons, the present petitioner has been arraigned in the case.
6. The material goes to show that there is a joint recovery of gold ornaments from the shop of CW-14 at 5 the instance of the accused persons. There is no individual recovery as such and as submitted by the learned High Court Government Pleader as well as Counsel appearing for the petitioner herein, no test identification parade is conducted in this case to establish the identity of the persons involved in the alleged offence. Learned Counsel has made the submission that accused Nos.4 and 5 have already been granted bail by the orders of this Court. Investigation of the case is completed and charge sheet has been filed. The petitioner has undertaken that he would abide by any conditions which may be imposed by this Court
7. After perusing the records, it is evident from the material placed that other accused against whom the allegations of tress passing the house of the complainant - Sri Shanthegowda and committing dacoit, being already released on bail by this Court in 6 the above said two petitions, this petitioner is also entitled to be released on bail.
8. In the light of the investigation being completed and charge sheet having been filed as well as similarly placed accused having been released on bail, the petitioner is also entitled to be released on bail, applying the parity, subject to the conditions imposed in the above said orders.
9. Accordingly, the petition is allowed. Petitioner is ordered to be released on bail in Crime No.304/2010 registered by the respondent-police, subject to the following conditions:-
(i) The petitioner shall execute a personal bond for a sum of Rs.One lakh and furnish one surety for the likesum to the satisfaction of the concerned court;
(ii) The petitioner shall not tamper with any of the prosecution witnesses directly or indirectly; and 7
(iii) The petitioner shall appear before the concerned Court on all the hearing dates without fail and shall not involve himself in any criminal activities.
Sd/-
Judge Nsu/-