Kamal Shahi @ Kalu vs State Of Karnataka

H.P. Sandesh, J

This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner/accused No.6 in Crime No.203/2021 of Banashankari Police

Station, Bengaluru City, for the offences punishable under Sections 120B, 457, 381, 380, 109 read with Section 34 of IPC.

Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent/State.

The factual matrix of the case of the prosecution is that, on 31.08.2021 when the complainant came to her house noticed one Sabitha i.e., accused

No.1 is not in home. When the complainant gone through CCTV footage then she came to know that Sabitha with the help of two unknown persons

broke open the grill affixed to window entered the house and stolen the money, gold and diamond worth of Rs.4 Crores. Initially, the crime was

registered against unknown persons in Crime No.203/2021. Subsequently, the petitioners were arrested and this petitioner has been arraigned as

accused No.6.

The learned counsel appearing for the petitioner would submit that the investigation has already been completed and no recovery at the instance of

this petitioner and only at the instance of other accused persons, this petitioner has been arraigned in the case. The learned counsel also would submit

that there is no criminal antecedent against this petitioner and no material has been collected to connect this petitioner. Hence, he may be enlarged on

bail.

Per contra, the learned High Court Government Pleader appearing for the respondent/State would submit that the recoveries made at the instance

of other accused persons and not at the instance of this petitioner and this petitioner was waiting outside the house at the time of committing the

offence and helped the accused persons in committing the offence.

Having considered the submissions of the learned counsel appearing for the petitioner as well as the learned High Court Government Pleader

appearing for the State and on perusal of the allegation made in the charge-sheet against this petitioner and no recovery at the instance of this

petitioner and also the allegation that this petitioner was watching outside the house, there is no any recovery and there is no any criminal antecedents

against this petitioner, I am of the opinion that it is a fit case to exercise the powers under Section 439 of Cr.P.C., subject to imposing certain

conditions to protect and safeguard the interest of the prosecution. Hence, I pass the following:-

ORDER

The Petition is allowed. Consequently, the petitioner/accused No.6 shall be released on bail in Crime No.203/2021 of Banashankari Police Station,

Bengaluru City, for the offences punishable under Sections 120B, 457, 381, 380, 109 read with Section 34 of IPC, subject to the following conditions:

(i) The petitioner shall execute 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.

(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.