Parvathamma Alias Parvathakka & Others vs State Of Karnataka

K. N. Phaneendra, J

In view of the urgency pleaded, pending compliance of office objections, this case is taken up for disposal. Therefore, learned counsel for the

petitioner is directed to comply the office objections immediately after the lockdown is lifted.

Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent State. Perused the records.

The Respondent-Huliyurdurga Police, Tumkuru District, have registered a case in Crime No.165/2019 against the petitioners (A1 & A2) for the

offence punishable under Section 379 and 413 of IPC on the allegations that, the petitioners along with other accused persons have illegally trespassed

into the property of the complainant, by breaking open the fence and committed theft of cable and other valuables and caused damage to the Solar

Plants installed in the property of the complainant situated at Huliyurdurga Hobli, Kunigal Taluk.

Learned counsel for the petitioners submitted that, the petitioners were not caught red-handed nor any recovery has been made from them and

after interrogation, they were sent to judicial custody.

Learned HCGP submitted that, the petitioners have been already convicted in other two cases for similar offences and though there is no recovery

from them connected to this case, however, there is a serious doubt with regard to their participation in the alleged crime. He also submitted that, the

investigation is not yet completed.

Looking to the above circumstances and also a fact that, the petitioners were apprehended on the basis of the voluntary statement of other accused

persons and there is no direct material available to connect these petitioners to the present case, and there is no recovery of the alleged materials from

them, and they are ladies, and they have been arrested and interrogated, I am of the opinion that, they are not required for any further investigation

and therefore, they are entitled to be enlarged on bail. Hence, the following, -

ORDER

The Petition is allowed. Consequently, the petitioners (A1 & A2) shall be released on bail in connection with Crime No.165/2019 of Respondent-

Huliyurdurga Police Station, Tumkuru District, for the aforesaid offences, now pending before the court of the Additional Civil Judge and JMFC at

Kunigal, subject to the following conditions:

(i) Each of the petitioners (A1 & A2) shall execute their personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety each for

the like-sum to the satisfaction of the jurisdictional Court.

(ii) The petitioners (A1 & A2) shall not tamper the prosecution witnesses.

(iii) The petitioners (A1 & A2) shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine

cause.

(iv) The petitioners (A1 & A2) shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against them is

disposed of.

(v) The petitioners (A1 & A2) shall co-operate with the Investigating Officer by appearing before him as and when they are called for.

The concerned Jail Authorities are directed to release the petitioners (A1 & A2) only after proper medical test, by virtue of COVID-19.