1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 3 RD DAY OF FEBRUARY, 2015 BEFORE THE HON BLE MRS. JUSTICE RATHNAKALA Crl. P. No. 100023/2015 C/w. Crl. P. Nos. 102080/2014 & 100135/2015 CRL.P. NO.100023/2015 : BETWEEN: RAHIL @ RAYAL S/O MODIN SHAIKH AGE: 18 YRS, OCC: SCRAP BUSINESS, R/O. GUDDADHALLI, 7 TH CROSS, NO.54, MYSORE ROAD, BANAGALORE... PETITIONER (BY SRI : G.A.HOLEYANNAVAR, ADVOCATE) AND : THE STATE OF KARNATAKA, REPT.BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA DHARWAD BENCH, DHARWAD (P.I.VIDYAGIRI POLICE STATION, DHARWAD).... RESPONDENT (BY SRI K.S. PATIL, HIGH COURT GOVERNMENT PLEADER)
2 THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.3 ON BAIL IN VIDYAGIRI P.S., DHARWAD, IN THEIR P.S. CRIME NO.220/2014, FOR THE OFFENCES P/U/S 397 OF IPC, TILL THE CONCLUSION OF THE TRIAL. CRL.P. NO. 102080/2014 : BETWEEN : MANJYA @ MANJUNATH S/O PARASAPPA AGED 25 YEARS, OCC: AGRICULTURE COOLIE, R/O. DODDABATTI VILLAGE, TQ & DIST: DAVANGERE.... PETITIONER (BY SRI : G I GACHCHINAMATH, ADVOCATE) AND : THE STATE OF KARNATAKA BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD VIDYAGIRI POLICE STATION, DHARWAD.... RESPONDENT (BY SRI K.S. PATIL, HIGH COURT GOVERNMENT PLEADER) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. SEEKING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.220/2014 OF VIDYAGIRI POLICE STATION, DHARWAD, FOR THE ALLEGED OFFENCE P/U/S 397 OF IPC.
3 CRL.P. NO.100135/2015 : BETWEEN : PRAKASH SUDAKAR SHETTY AGE: 31 YRS, OCC: BUSINESS, R/O. DODDARI VILLAGE, NELAMANGAL, BANGALORE... PETITIONER (BY SRI : G.A.HOLEYANNAVAR, ADVOCATE) AND : THE STATE OF KARNATAKA REPT.BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA DHARWAD BENCH, DHARWAD (P.I.VIDAYGIRI POLICE STATION, DHARWAD)... RESPONDENT (BY SRI K.S. PATIL, HIGH COURT GOVERNMENT PLEADER) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN VIDYAGIRI POLICE STATION, DHARWAD IN THEIR P.S. CRIME NO.220/2014 FOR THE OFFENCES P/U/S 397 OF IPC. THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
4 O R D E R The petitioners are charge sheeted as accused Nos.3, 8 and 1 in Crime No.220/2014 of Vidyagiri Police Station for the offence punishable under Section 397 of I.P.C. 2. The case of the prosecution is, in the wee hours of 05.10.2014 the accused persons trespassed into the NGEF Factory, near Rayapur abutting to P.B. road within the jurisdiction of Vidyagiri Police Station, armed with lethal weapons: the security personnel - C.Ws.8 to 11 were put under threat, and taken to the backyard of factory: their hands were tied and assaulted: forcibly C.W.8 was taken near the shutters, made him to open the main door and thereafter they locked him in the backyard of the factory: they damaged the C.C. camera in factory premises: covered the C.C. Camera, fixed near the main door, with a monkey cap: break opened four steel almirahs: looted bobbins insulated with copper wire of 2,250.05 kgs. Out of the above, they were about to transport some bobbins for the
5 purpose of disposal: while travelling in a matador along with the stolen property they were apprehended on 19.10.2014. 3. Learned counsel for petitioners submits that there was unexplained delay in lodging the complaint, no damage was caused to life during the incident. As per the complaint averments there were 20 to 25 culprits, but charge sheeted only nine accused persons indicating that the matter is not properly investigated. Since the charge sheet is filed, they are no more required by the Investigation Officer. They are the permanent residents of cause title address and they are ready to abide by any condition that may be imposed on them. Hence, prays to enlarge them on bail. 4. The learned High Court Government Pleader opposes the petition and submits that the complicity of these petitioners in other crimes in the State cannot be ruled out. The finger prints are sent for Expert s opinion and is awaited. The way in which the offence is committed would indicate that they are habitual offenders. Apart from the present case, accused Nos.1 and 2 are involved in other two
6 similar cases. If they are enlarged on bail, they will abscond for ever. 5. Having regard to the nature of allegation, there is no impediment to enlarge the petitioners on bail. ii) They shall furnish proof of their residential address/permanent address to the Investigation Officer and also to the concerned Court. iii) iv) They shall not indulge in criminal activities. They shall not tamper with the prosecution witnesses. 6. The petitions are allowed. Petitioners are enlarged on bail, subject to following conditions : i) They shall execute self bond for Rs.1,00,000/- each with one solvent surety for the likesum to the satisfaction of concerned Court. The surety shall produce his Solvency Certificate. Sd/- JUDGE hnm