Mr. Jitendra @ Jeetu Bosley vs State of Karnataka

Budihal R.B., J.—This petition is filed by petitioner/accused No. 2 u/s 438 of Cr.P.C. seeking anticipatory bail to release the petitioner on bail in the event of arrest of the petitioner for the alleged offences punishable under Sections 381 and 411 of IPC registered in respondent-police station Crime No. 116/2013.

The brief facts of the prosecution case are that accused No. 1 and his family were working in the house of the complainant and were residing in the out house. On 8.8.2013 when the complainant and his family members went outside to make purchases for the Ramzan festival, at that time, accused No. 1 came inside the house of the complainant and has committed theft of gold ornaments and also cash.

Heard the arguments of the learned counsel for the petitioner-accused No. 2 and also the learned Government Pleader for the respondent-State.

Learned counsel for the petitioner during the course of his arguments submitted that the allegation against the present petitioner is that he has received the stolen articles from/accused No. 1; he has been falsely implicated in the case; he has not at all received the gold ornaments nor he has produced the same before the police. He has also submitted that now the investigation is completed and charge sheet has been filed. Hence, by imposing any reasonable conditions, petitioner may be admitted to bail.

As against this, learned Government Pleader during the course of his arguments submitted that petitioner hails from Maharashtra and he is not available before the Investigating Officer for interrogation and has absconded. The material on record shows that petitioner has received the stolen gold ornaments, as such, there is a prima facie material placed even against the present petitioner to show his involvement in the commission of the alleged offences and hence, he is not entitled to anticipatory bail.

I have perused the averments made in the bail petition and also the charge sheet material produced by the petitioner along with the petition.

As it is submitted by the learned counsel for the petitioner that the allegations as against the present petitioner is that he has received the stolen articles from accused No. 1 and now, since investigation is completed and charge sheet has been filed and the petitioner has undertaken in the bail petition that he is ready to abide by any reasonable conditions to be imposed and that the offences alleged are triable by the Magistrate Court and not exclusively punishable with death or imprisonment for life, petitioner is entitled to grant of anticipatory bail.

Accordingly, petition is allowed. The respondent-police are directed to release the petitioner on bail in the event of his arrest for the alleged offences under Sections 381 and 411 of IPC registered in respondent-police station Crime No. 116/2013 subject to the following conditions:

(i) Petitioner shall execute a personal bond for Rs. 25,000/- and furnish one surety for the like sum to the satisfaction of the concerned Magistrate Court.

(ii) He shall not tamper with any of the prosecution witnesses directly or indirectly.

(iii) He shall make himself available before the Investigating Officer for interrogation whenever called for.

(iv) He shall appear before the concerned Court within 30 days from the date of this order and to execute personal bond and also surety bond.