Karnataka High Court
Manoj vs State By Shivalli Police on 5 October, 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 05TH DAY OF OCTOBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE B.A. PATIL
CRIMINAL PETITION NO.4685 OF 2020
BETWEEN:
Manoj S/o Jayaramu,
Aged about 21 years,
R/at Shivalli Village,
Dudda Hobli, Mandya Taluk,
Mandya - 571401. ... Petitioner
(By Sri Raju C.N., Advocate)
AND:
State by Shivalli Police,
Mandya Range Division, Mandya,
Represented by SPP
High Court of Karnataka
Bangalore - 571438. ... Respondent
(By Sri R.D.Renukaradhya, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to enlarge the petitioner on bail in Crime
No.84/2020 registered by Shivalli Police Station, Mandya for
the offence P/U/S 379 of IPC and Sections 41(1)(d), 102 of
Cr.P.C.
This Criminal Petition coming on for Orders through
video conference this day, the Court made the following:
-2-
ORDER
This petition has been filed by the petitioner- accused No.2 under Section 439 of Cr.P.C., to release him on bail in Crime No.84/2020 of Shivalli Police Station (pending on the file of J.M.F.C. Court, Mandya) for the offence punishable under Sections 41(1)(d), 102 of Cr.P.C. and also under Section 379 of IPC.
2. I have heard the learned counsel Sri Raju.C.N., for the petitioner-accused No.2 by virtual hearing and Sri R.D.Renukaradhya, the learned High Court Government Pleader for the respondent-State.
3. The gist of the case of prosecution is that on 27.06.2020 at about 4.00 p.m., when the respondent- Police were on patrolling duty, the accused persons were standing there with one Honda Neo Bike. When the said Police went near them, they ran away from the spot. Subsequently, they were chased and caught hold. -3- On enquiry, they revealed their names and they told that Honda Dio Neo Bike bearing Reg.No.KA-11-EE- 4405 is not having any documents and the respondent- Police came to know that the said bike has been stolen and a complaint has been registered.
4. It is the submission of the learned counsel for petitioner-accused No.2 the said vehicle belonging to C.W.10, but he has not field any complaint about missing or stealing of the said vehicle. It is his further submission that the petitioner-accused No.2 has been included only on the voluntary statement of accused No.1. The alleged offences are not punishable with either death or imprisonment for life. He is ready to abide any of the conditions that may be imposed by this Court and ready to offer the sureties. One these grounds, he prays to allow the petition and to release the petitioner-accused No.2 on bail. -4-
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that petitioner -accused No.2 is the habitual offender. They have stolen the motor cycle and sell the same. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
7. Whether the owner of the vehicle-CW.10 has given the complaint or not? is a matter which has to be considered and appreciated only at the time of trial. The alleged offences are not punishable with either death or imprisonment for life. Under such facts and circumstances, I am of the considered opinion that if by imposing some stringent conditions, the petitioner- accused No.2 is ordered to be enlarged on bail, it is going to meet the ends of justice.
-5-
8. In that light, the petition is allowed. Petitioner-accused No.2 is ordered to be enlarged on bail in Crime No.84/2020 of Shivalli Police Station (pending on the file of J.M.F.C. Court, Mandya) for the offence punishable under Sections 4(1)(d), 102 of Cr.P.C. and also under Sections 379 of IPC with following conditions;
i) Petitioner-accused No.2 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the trial Court.
ii) He shall not tamper with the
prosecution evidence directly or
indirectly.
iii) He shall not leave the jurisdiction of the Court without prior permission.
iv) He shall mark his attendance once in a month on every 1st in between -6- 10.00 a.m. to 5.00 p.m. before the jurisdictional Police till the trial is concluded.
v) He shall not involve in similar type of criminal activities.
vi) In case of breach of any one of the condition, bail is liable to be cancelled.
Sd/-
JUDGE ssb