Karnataka High Court
Devaraja vs State By Belur Police on 8 January, 2013
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 08TH DAY OF JANUARY 2013
BEFORE
THE HON'BLE MR.JUSTICE K.N.KESHAVANARAYANA
CRIMINAL PETITION No.7554 OF 2012
BETWEEN:
1. Devaraja,
S/o Murthappa,
Aged about 27 years,
Bamboo Worker,
Old Santhe Market,
Kadur Town, Kadur Taluq,
Chikkamagalur District - 573 205.
2. Ravi,
S/o Lokesh,
Aged about 23 years,
Bamboo Worker,
Old Santhe Market,
Kadur Town, Kadur Taluq,
Chikkamagalur District - 573 205.
3. Maargya @ Kumar,
S/o Ajjaiah,
Aged about 25 years,
Bamboo Worker,
Nerlakere Village,
Tharikere Taluk,
Chikkamagalore District-573205.
(All are in judicial custody ...Petitioners
(By Shri. Girish B. Baladare, Advocate)
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AND:
State by Belur Police
Represented by Public Prosecutor,
High Court Building,
Bangalore - 560 001. ...Respondent
(By Shri. B. Raja Subramanya Bhat, GP)
This Criminal Petition is filed under Section 439 of
the Code of Criminal Procedure praying that this
Hon'ble Court may be pleased to enlarge the petitioners
on bail in Crime No. 153/2012 of Belur P.S., Hassan,
for the offence punishable under Section 399, 402 of
IPC.
This Criminal Petition coming on for orders on this
day, the Court made the following: -
ORDER
Petitioner Nos.1 to 3 have been arraigned as accused Nos.3, 4 and 6 in CC No.182/2012 on the file of Additional Civil Judge (Sr.Dn.), JMFC., Belur registered for the offences punishable under Sections 399 and 402 IPC.
2. According to the case of the prosecution, at about 1.00 a.m., on 26.07.2012 while the Circle Inspector and other police staff were on patrolling duty within the limits of Belur Town Police Station and when 3 they were proceeding on the road near Karagada village, they saw by the side of the road, six persons standing by the side of two motor cycles and on seeing the police jeep they became panicky and immediately they were caught hold. On interrogation, they disclosed their names and identity and also said to have disclosed that they were standing there to commit decoity and robbery and upon search of motor cycles, there were knives. Thereafter, the weapons were seized and those six persons were arrested and brought to the police station. On the basis of the report of the Circle Inspector case came to be registered and the investigation was taken up. Later, all the arrested accused persons were subjected to judicial custody. The application filed by them for bail came to be rejected by the learned Sessions Judge. Therefore, they are before this Court.
3. The petition is opposed by respondent-State.
4. I have heard both the sides and perused the records made available.
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5. As noticed supra, these petitioners were apprehended by the respondent-police on the premise that they had made preparations for committing acts of decoity and robbery. Thus, there was no accomplished act. The offences alleged are not punishable with death or life imprisonment. There are no materials to indicate that these petitioners are involved in any other case.
6. Regard being had to the facts and circumstances of the case and the nature of the offences alleged, I am of the considered opinion that the petitioners are entitled to be enlarged on bail.
7. Hence, the petition is allowed. The Petitioners are ordered to be enlarged on bail in connection with case in CC No.182/2012 on the file of Additional Civil Judge (Sr.Dn.), JMFC., Belur, on each of them executing a personal bond for a sum of Rs.50,000/- with two sureties for the like sum to the satisfaction of the Jurisdictional Magistrate/learned Sessions Judge and subject to further conditions that, 5
i) They shall not tamper or terrorise with the prosecution witnesses in any manner.
ii) They shall not indulge in any acts similar to the one alleged in the case.
iii) They shall appear on all hearing dates before the Trial Court without fail.
iv) They shall not go out of the jurisdiction
of the Court of Sessions without
express permission thereof and
v) They shall mark their attendance in
the respondent - Police Station, on every 10th and 25th of each calendar month between 10:00 a.m. and 05:00 p.m. till the disposal of the case.
SD/-
JUDGE GH