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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26THDAY OF MAY, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH CRIMINAL PETITION NO.3939/2022
BETWEEN
SURESH
S/O BASAVARAJU
AGED ABOUT 22 YEARS
R/AT MANANGI VILLAGE
GULURU HOBLI AND VILLAGE
TUMKURU TALUK
TUMKUR DISTRICT - 572101
...PETITIONER
(BY SRI SHEKARAPPA, ADVOCATE)
AND
STATE OF KARNATAKA
KORA POLICE STATION
TUMAKURU DISTRICT - 572101
NOW REP. BY ITS PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BENGALURU - 560001 … RESPONDENT
(BY SRI MAHESH SHETTY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CRIME NO.34/2022 OF KORA POLICE STATION, TUMAKURU FOR
THE OFFENCES PUNISHABLE UNDER SECTIONS 399, 402 OF IPC
AND SECTION 27 OF ARMS ACT AND ETC.
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THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
O R D E R
This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.34/2022 of Kora Police Station, Tumakuru for the offences punishable under Sections 399, 402 of IPC and Section 27 of Arms Act.
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The factual matrix of the case is that this petitioner along with other accused persons having long, machete, club, chilly powder was making preparation to commit dacoity hence, he has been apprehended along with other accused persons. Based on the complaint, the case was registered for the aforesaid offences against this petitioner along with other accused persons.
4. The learned counsel appearing for the petitioner would submit that this petitioner was falsely implicated in the
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case and the only allegation made against him that he along with other accused persons were making preparation to commit the alleged offences and no such offences were committed and no other criminal antecedents against this petitioner and prayed to enlarged him on bail.
5. Per contra, the learned High Court Government Pleader appearing for the State would submit that this petitioner along with others were making preparation to commit dacoity and they were holding the deadly weapons hence, there is a prima facie case against this petitioner and prayed to dismiss the petition.
6. Having heard the respective counsel appearing for the parties and also on perusal of the material available on record it discloses that the only allegation against this petitioner is that this petitioner along with others were making preparation to commit dacoity and they were holding the deadly weapons like long, machete, club, etc and the same was also seized and the petitioner has not committed any offences and he is making preparation to commit the same and thee is no material to show
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that this petitioner is having any criminal antecedents. Thus, it is a fit case to exercise the discretion in favour of the petitioner.
7. In view of the discussions made above, I pass the following:
ORDER
The petition is allowed. Consequently, the petitioner/accused No.2 shall be released on bail in connection with Crime No. 34/2022 of Kora Police Station, Tumakuru for the offences punishable under Sections 399, 402 of IPC and Section 27 of Arms Act, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.
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(iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against him is disposed of.
Sd/-
JUDGE
SN
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