Karnataka High Court
Sri Vijayashankar vs State Of Karnataka on 21 April, 2009
Author: K.Bhakthavatsala
Bench: K.Bhakthavatsala
CrE.P No. E3 12/2009 IN THE HIGH COURT OF' KARNATAKA AT BANGALORE DATED THIS THE 215T DAY OF APRIL 2009 BEFORE THE I-ION'BLE ma. JUSTICE K. BHAKTI~IAVATSAL_A.V_: CRIMINAL PETITION NO.1312/2009 BETWEEN: 1. Sri Vijayashankar, S / 0 Abbanna, Age: 25 years. 2. Sri Prabhakar, S/ 0 Venkatamuniyappa, Age: 25 years. 3. Sri Srinivasa, V S/0 Narayanappaf . _ A "1- Age: 32 years. 4. Sri Amanda, A S / 0 Yerrappa, Age: 23 years; » _ 5' " ...... .. S/0 Narasappafl " Age: 23-yea_rs.a' " A are re sidéentsv of A' A_lla1a.sandra Village,' A 'lam-Ebagal Talu"i«;,V__ 1 §'ZQ1ar;BxiSt1*ic_t. Petitioners A "A Sri_-- M'Rb'Nanjunda Reddy, Adv., for petitioners) t\> CrE.P NOJ3 E2/2009 State of Karnataka, By Mulabagal Police, Rep. by Public Prosecutor, High Court Buildings, _ 3 Bangaiore-- 1. Respondent" '7' '
(By Sri A V Ramakrishna, HCGP, for respondent) man This Criminal Petition is filed un'der"'Sectiio1'i.439f'ofxtheiiCode of Criminal Procedure, praying to enlarge the petitioners on bail in C C No.59/2009 (Crime No.38/200'9.__of Mu'la'bagalt._}.?olice)"on~"the file of J MFC, Mulbagal, for the offence*«--_u,i1de':_ Sectio--n"395_pof I P C. This Petition coming on Aforv:.Qrders:,pthis. 'the Court made the following: - ' The petitioriers'/ to 5 in Crime No.38/ 2009 of Mulabagal Police VV'Stf;V1'l;iOI1,V' are'._befoi'e this Court under Section 439 of the.--'Code ffJ'J{.";'.;.(_'::I"l'AI."1'}iV1'1E'i1'pi'OCC_Cil,1}'C seeking bail for the offence under Secition of Penal Code.
j 2. The case of the prosecution is when the present petitioners ;w.ereu_inter'1'ogated, on suspicion, they disclosed that they committed Crime No.38/2009, which was registered against eight ' »._unkno'vv9n persons and seized a sum of Rs.500/ - from each one of the Crl.P N-0.1312/2009 accused and chopper from accused No.1, mighty and chopper from accused No.2, iron rod from accused Nos.3 and 4 and club from accused No.5. According to the complainant in Crime No.38 /.2009, on 1.2.2009, when the complainant--driver was driving lorr3*x'o'eari.ng registration No.AP--O4--U-7922 along with a cleaner«Naga;§gj'ia " . towards Bangalore near check post at pa Lifitkniown persons armed with weapons, stopped thei'l:or1'yand'assaiiltedftheiri and robbed cash of Rs.5,000/ - and rrgobile phone andoiraIi:a_wVay_ifrorn 9 the scene. It is also alleged that the acciis_ed.perso'1'1s:Wlereiidentified by the complainant in the Police V "
3. Learned Couinsei-._for;litheiipeétitioners'xsiibmits that the petitioners are a_;§,'¢11ii,1asa1;ai:ii§ village and they are agriculturists are innocent of the offences alleged againstflierniii A V ' §gf?$'i~l".i1C1'€?i.i'tiG0Vernrnefi't"Pleader submits that the prosecution has rriadegoiit ta..gVpri"ma"*..facie case against the petitioners for the iioffcznce under Section of I P C and if the petitioners are released . . .baii,._they would flee from the course of justice. CrE.P No.13 E2/2009
5. The case of the prosecution is that the present petitio,ners were responsibie for the alieged offence in Crime No.38/ offence under Section 395 of I P C. It is for the prosecutionftoijrroxie' its case in the trial. Mere recovery of a sum of «R_s';«50.Q/.--S"frorn*e'ach one of the petitioners and other things are not isufficieint Petition.
6. In the result, the Peititioni The cornrnittai Court /trial Court is to on bail, subject to fulfiliment of fo11oi&in'g '
(i) thieiitthe execute a persona} bond for a sum with a surety for like sum to Court;
ivth.ei"'vpetitioners shall mark attendance in the
--._g'01i'icer.r::eei.:=.Vlsolice Station on second Saturday of every '.44"1nonth.'bietween 9 a.rn., and 10 a.m., until the disposai of A' ' the case;
Bjs U:
Crl.P No.l312/2009
(iii) that the petitioners shall not tamper with the prosecution witnesses, evidence or documents; and
(iv) that the petitioners shall attend the Court "