Ashraf Ali & Others vs State

K. Natarajan, J

This petition is filed by petitioners/accused Nos.6 and 7 under Section 439 of Cr.P.C., for granting them bail in Crime No.64/2020 registered by

Agumbe Police, Thirthahalli Circle, Shivamogga District for the offences punishable under Sections 395, 397, 324, 323, 506, 457 of IPC.

Heard the arguments of the learned counsel appearing for the petitioners and the learned HCGP appearing for the respondent-State.

The case of the prosecution is that on the complaint of one Sri. M.R. Ganesh Hegde filed before the police on 13.10.2020 alleging that on

12.10.2020 himself and his son were watching IPL cricket match upto midnight and he went for sleep at about 12.00 a.m., midnight and his son was

watching mobile, at the time, five to six unknown persons came inside the house by breaking the door with an intention to commit dacoity and

assaulted the son of the complainant and complainant with chopper and tried to break the Almirah to dacoit the ornaments, at the time,

complainant’s brother son uttered where is his gun in order to shoot assailants. After hearing the sound, the assailants fled away from the house.

After registering the case, HSR Layout, Bengaluru police said to have arrested accused Nos.1, 2 and 4 in Crime No.180/2020 and based upon the

voluntary statement of the co-accused, the police arrested accused No.6 on 18.01.2021 and accused No.7 on 19.01.2021 and they were brought to the

police station. After interrogation, they were remanded to judicial custody. They approached the Sessions Court for grant of bail, which came to be

rejected. Hence, they are before this Court.

Learned counsel for the petitioners has contended that these petitioners are innocent of the alleged offence and they have been falsely implicated in

the case. There is no connection between the accused persons and these petitioners and there is no recovery from the possession of these petitioners.

Only based upon the voluntary statement, they have been arrested and nothing recovered from their possession. These petitioners have not involved in

any other case. They are ready to abide by the conditions that may be imposed by this Court. Hence, prayed for allowing the bail petition.

Per contra, learned High Court Government Pleader objected the bail petition and contended mainly on the ground that the investigation is still

under progress and these accused persons are involved in a heinous offence. Hence, prayed for dismissal of the bail petition.

Upon hearing the arguments and on perusal of the records it goes show that admittedly, a complaint came to be registered against five to six

unknown persons. After arresting accused Nos.1, 2 and 4, they revealed the names of these petitioners and based upon their voluntary statement,

these petitioners are arrested by the police. On perusal of the remand application, except the voluntary statement of co-accused, nothing has been

recovered from their possession. It is also revealed that other accused were involved in similar case but there is no other material placed on record to

show that these petitioners are also involved in similar case. These petitioners are said to have working as a lorry driver and cleaner and they have

met the accused persons on the highway in a Tea shop. Except allegation and based upon the voluntary statement of accused No.1, nothing has been

mentioned against these petitioners to show that these petitioners are also involved along with the other accused persons in commission of attempt to

commit dacoity and causing injury to the complainant and his son. The investigation is still pending. These petitioners are in custody since more than 80

days. The police have filed the charge sheet within a span of two days. There is no connecting evidence against these petitioners to show the

involvement of these petitioners in commission of offence alleged against them. Therefore, without expressing any opinion on the merits of the case, I

am of the view that petitioners/accused Nos.6 and 7 are entitled for bail. Hence, I pass the following:

ORDER

The criminal petition is allowed.

The Committal Court is directed to release petitioners/accused Nos.6 and 7 on bail in Crime No.64/2020 registered by Agumbe Police, Thirthahalli

Circle, Shivamogga District for the offences punishable under Sections 395, 397, 324, 323, 506, 457 of IPC, subject to the following conditions:-

i) Petitioners shall execute personal bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) each with two sureties for likesum to the

satisfaction of the trial Court;

ii) Petitioners shall not indulge in similar type of offences;

iii) Petitioners shall not tamper with the prosecution witnesses directly or indirectly;

iv) Petitioners shall not leave the jurisdiction of this Court without prior permission; and

v) Petitioners shall mark their attendance before the Investigating Officer once in 15 days on every 2nd and 16th of calendar month for a

period of 3 months or till appearing before the Sessions Judge till committal of the case.