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Judgment
V Srishananda, J
Learned HCGP files statement of objections and the same is taken on record.
Heard Sri.Raju C.N., learned counsel for the petitioner and Sri.Srinivasa K.V, learned counsel for the petitioner in both matters and learned HCGP.
These petitions are filed under Section 439 Cr.P.C. with the following prayer:
“WHEREFORE, the petitioners above named humbly prays that this Hon'ble Court may be pleased to enlarge the petitioners on bail in Crime No.115/2023 of Yelahanka Police Station, Bengaluru on the file of 37th ACMM, Bengaluru for the offences punishable under Sections 397 of IPC by allowing this petition, in the interest of justice.
"WHEREFORE, the petitioner respectfully pray before this Hon'ble Court to be pleased to allow the petition and grant bail in Crime No.115/2023, registered by Yelahanka Police Station for offence punishable under Sections 397 of IPC pending on the file Hon'ble XXXVII ACMM at Bengaluru, imposing any conditions, for which act of kindness, the petitioners shall forever pray."
The brief facts of the case are as under:
A complaint came to be lodged by Ratneshwar s/o Ratan Kumar with the Yelahanka Police Station on 22.03.2023, which was registered in Crime No.115/2023 for the offence punishable under Section 397 of IPC.
The gist of the complaint averments reveal that on 20.03.2023 at about 5.30 p.m., when the complainant along with his friends were in the room chatting with each other. Some unknown persons came into the room and put the petitioner and others in fear by showing the cricket bat and hockey stick and snatched away the amount of Rs.22,514/- by getting it through on-line transfer. Based on the complaint, the police registered the case against unknown persons at the first instance. During the course of investigation, apprehended the present petitioner and the petitioner is in judicial custody. The attempt made by them to obtain the bail order and the bail was rejected by the learned District Judge. Thereafter, the petitioners are before this Court.
Reiterating the grounds urged in the petition, Sri.Raju C.N., learned counsel for the petitioner and Sri.Srinivasa K.V, learned counsel for the petitioner vehemently contended that the petitioners are the students and they were no way connected to the alleged incident and they have falsely implicated in the alleged offences and therefore, sought for grant of bail.
Per contra, the learned HCGP reiterating the grounds urged in the objection statement opposed the bail petitions.
Perused the materials on record meticulously in view of the rival contentions of the parties.
Admittedly, the incident has occurred in the room of the hostel where the complainant and his friends were there and by showing the cricket bat and hockey stick and there was on-line transfer of amount of Rs.22,514/-. Whether at all money has come to the petitioner or not is a matter which requires investigation and report. At this stage, whether the offence under Section 392 of IPC or 397 of IPC gets attracted or not cannot be decided at this stage by holding a mini trial. It is for the Investigating Agency to file appropriate report after through investigation. Learned Trial Judge to form an opinion that the petitioner is guilty of the offence after full fledged trial.
The fact that the petitioners are students and there is no criminal antecedents in respect of the petitioners, this Court is of the considered opinion that the continuation of the present petitioners in judicial custody is no longer warranted. The apprehension expressed by the prosecution can be met with by imposing stringent conditions. Accordingly, the petitions are allowed subject to the following conditions:
ORDER
(i) The petitioners shall be released on bail on executing a bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) each with two sureties for the like sum to the satisfaction of the learned trial Judge;
(ii) The petitioners shall not commit the similar offence;
(iii) The petitioners shall not tamper with the prosecution witnesses in any manner;
(iv) The petitioners shall attend the Court regularly;
(v) The petitioners shall not leave the jurisdiction of Bengaluru District without prior permission.
Violation of any one of the above bail conditions would entitle the prosecution to seek for cancellation of bail.
Ordered accordingly.