Devu @ Devaraju vs The State of Karnataka

K.N. Keshavanarayana, J.—Apprehending his arrest by respondent-Channarayapatna Town Police in connection with the case registered in Crime No. 413/11 for the offences punishable under Sections 457 & 380 of the Indian Penal Code, the petitioner herein arraigned as accused No. 4 has presented this petition u/s 438 of the Code of Criminal Procedure seeking relief of anticipatory bail. According to the case of the prosecution, during the intervening night of 26/27.11.11 some miscreants by breaking open the lock of the door of Sri. Renuka Yellamma Temple in Doddahalli Taluk and after entering the Temple they have committed theft of Hundi, 3 gold taalis and a nose stud found on the idol. This was noticed by the complainant D.J. Prakash, Archaic of the Temple when he came near the temple at 7.00 a.m. on 27.11.11. Thereafter a report came to be lodged on 28.11.11 based, on which the aforesaid case came to be registered and investigation was taken up.

During investigation accused Nos. 1 to 3 were apprehended on suspicion and several articles including the articles stated to have been stolen from the temple were recovered. Accused Nos. 1 to 3 said to have disclosed the complicity of these petitioners also in commission of the offence. The petitioner was arraigned as accused No. 4. On coming to know of the same the petitioner approached the learned Magistrate seeking relief of Anticipatory Bail. The application filed by the petitioner for grant of bail came to be rejected. Therefore, the petitioner is before this Court

The petitions opposed by the respondent-State.

I have heard the learned counsel appearing for both the parties and also perused the records made available.

As noticed supra the petitioner has been arraigned as accused No. 4 in the case registered by the respondent-police for non-bailable offences. Therefore, the apprehension of the petitioner that he is likely to be arrested is well found.

Even according to the prosecution the complicity of the petitioner was disclosed by accused Nos. 1 to 3. According to the case of the prosecution at the instance of accused Nos. 1 to 3 all articles were recovered.

Having regard to the facts and circumstances of the case, there are no reasonable grounds to believe that the petitioner is guilty of the offence alleged. Therefore, the petitioner is entitled for the relief of Anticipatory Bail. Accordingly the petition is allowed. The respondent - Police are hereby directed to release the petitioner on bail in the event of his arrest in connection with the case in Crime No. 413/2011 of Channarayapatna Town Police Station, on his executing a personal bond for a sum of Rs. 50,000/- with one surety for the like sum to the satisfaction of the Investigating Officer and subject to further conditions that,

i) Upon such arrest and release, the petitioner for the purpose of investigation shall appear before the Investigating Officer whenever called upon to do so and co-operate in the investigation of the case.

ii) The petitioner shall not tamper or terrorise the prosecution witnesses in any manner.

iii) The petitioner shall not indulge in any acts similar to the one alleged in the case.