Meghappa & Others vs State Of Karnataka

K. N. Phaneendra, J

Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent â€" State. Perused the records.

The learned counsel for the petitioner is directed to comply with the office objections through e-mail or immediately after the lock down is lifted.

The petitioners are arraigned as accused Nos.3 & 4 in Crime No.89/2020 of Sindagi Police Station, Sindagi, Vijayapura District for the offence

punishable under sections 399 and 402 of IPC.

The brief allegations are that:

On 24.03.2010 in the early hours at about 1.00 a.m., the respondent Police on credible information that, some persons are under preparation to commit

dacoity on Ganihar LT Cross of Sindagi to Almel road, went to the said place and found the petitioners and others were there with iron rod, chilli

powder and etc., Thereafter, on suspicion, the police arrested them and presently, the petitioners are in judicial custody.

On perusal of the complaint averments, it is seen that the entire allegations are only creates a serious suspicion on the conduct of the petitioners.

Therefore, the prosecution has to prove beyond reasonable doubt that the petitioners were gathered there for the purpose of committing dacoity, and

not to commit any other offence.

In the above said circumstances, as there are no other previous bad antecedents or conduct alleged against the petitioners, on stringent conditions,

the petitioners are entitled to be enlarged on bail. Hence, the following:

ORDER

The Petition is allowed. Consequently, the petitioners shall be released on bail in connection with Crime No.89/2020 of Sindagi Police Station,

Vijayapura, registered for the alleged offences, subject to the following conditions:

(i) The petitioners shall execute their personal bond for a sum of Rs.50,000/- with one surety each for the like-sum to the satisfaction of the

jurisdictional Court.

(ii) The petitioners shall not indulge in tampering the prosecution witnesses.

(iii) The petitioners shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.

(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against them is

disposed of.

(v) The petitioners shall appear before the Investigating Officer as and when called for.

(vi) The jail authorities before release shall conduct medical examination of the petitioners as required in view of pandemic COVID-19.