Karnataka High Court
Sri. Arun vs State Of Karnataka By on 19 July, 2023
Bench: Mohammad Nawaz
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NC: 2023:KHC:25167
CRL.P No. 5244 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 5244 OF 2023
BETWEEN:
1. SRI. ARUN
S/O VENKATESH
AGED ABOUT 24 YEARS
R/AT NO 54,
CHOTTE KYATHANAHALLI
BOMMADEVARAHALLI POST,
NAGAMANGALA TALUK,
MANDYA DISTRICT-571 432.
...PETITIONER
(BY SRI. SHIVAKUMAR S M., ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
VIJAYANAGARA POLICE STATION
Digitally MYSURU CITY-570 017.
signed by
SUMITHRA R REP BY THE STATE PUBLIC PROSECUTOR
Location: HIGH COURT OF KARNTAKA
High Court of BENGALURU-560 001.
Karnataka ...RESPONDENT
(BY SRI. R.D.RENUKARADHYA, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CR.NO.77/2023 OF
VIJAYANAGAR P.S., MYSURU CITY FOR THE OFFENCE P/U/S
397 R/W 34 OF IPC PENDING ON THE FILE OF THE Vth J.M.F.C
COURT MALALAVADI, JAYANAGARA, MYSURU CITY.
THIS PETITION IS COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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CRL.P No. 5244 of 2023
ORDER/JUDGMENT
Heard the submission of the learned counsel for petitioner
and learned High Court Government Pleader for
respondent/State and perused the material on record.
2. This petition is filed under Section 439 of Cr.P.C. by
accused No.5 to enlarge him on bail in Crime No.77/2023 of
Vijayanagar Police Station registered for the offence punishable
under Section 397 r/w 34 of IPC.
3. It is alleged in the complaint lodged by the victim
by name NavishGowda.M that on 04.05.2023 at about 11.30
p.m., after visiting his friend, he returned to his house in his
Verna car bearing Registration No.KA-25-MA-6379 and at about
11.45 p.m. after parking his car when he was approaching the
gate, four unknown persons came in two motorcycles and three
of them came near the gate and attacked him with a rod and a
dagger and robbed a gold chain weighing about 50 grams and a
finger ring weighing about 12 grams. He has further stated
that while running away one of the accused fell down and he
was caught by him and another accused was caught by his
brothers and two of the accused escaped in the motorcycles.
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4. Accused Nos.1 to 4 are named in the FIR. As per
the complaint averments, accused Nos.1 and 2 were caught at
the spot and accused Nos.3 and 4 sped away. The name of the
petitioner is not in the FIR. Even in the remand application
dated 05.05.2023 and 06.05.2023, petitioner is not shown as
an accused. It appears that the names of accused Nos.3 and 4
were revealed by accused Nos.1 and 2. However, they have
not revealed the name of accused No.5. Only in the remand
application dated 08.05.2023, petitioner is arraigned as
accused No.5. It is alleged that the petitioner was a driver of
the complainant and he has given details about him and also
informed his movements and location etc.
5. Petitioner was arrested on 07.05.2023. At this
stage, there are no sufficient material except the voluntary
statement to show the involvement of the petitioner in the
alleged offence. The prosecution has to establish its case
against the petitioner in due course. Petitioner is already
interrogated and not required for further interrogation. No
criminal antecedents against the petitioner have been brought
to the notice of the Court. In the said facts and circumstances,
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the petitioner can be enlarged on bail by imposing conditions.
Accordingly, the following:
ORDER
Petition is allowed.
Petitioner/Accused No.5 shall be enlarged on bail in Crime
No.77/2023 of Vijayanagar Police Station, subject to following
conditions:
(i) Petitioner shall execute a personal
bond in a sum of 50,000/- (Rupees
Fifty Thousand only) with two sureties
for the like sum to the satisfaction of
the jurisdictional Court.
(ii) Petitioner shall furnish proof of his
residential address and shall inform the
I.O./Court if there is any change in the
address.
(iii) Petitioner shall mark his attendance
before the concerned police station on
every Sunday between 10.00 a.m. and
1.00 p.m. till filing of final report.
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CRL.P No. 5244 of 2023
(iv) Petitioner shall not tamper with the
prosecution witnesses/evidence either
directly or indirectly.
(v) petitioner shall regularly appear before
the trial Court on all dates of hearing.
(vi) Petitioner shall not involve in any
criminal activities.
Sd/-
JUDGE
HB
