PUNYAMURTHY @ MURTHY & Anr vs THE STATE OF KARNATAKA

This petition is filed by the petitioners/accused Nos.1 and 2 under Section 438 of Cr.P.C. seeking anticipatory bail to direct the respondent-

police to release the petitioners/accused Nos.1 and 2 on bail in the event of their arrest for the offences punishable under Sections 485, 465, 471,

420, 460 read with Section 34 of IPC, registered in respondent police station Crime No.224/2017.

Brief facts of the prosecution case as per the complaint are that, on 14.11.2017 on the basis of the complaint given by one Jawed Shah, the

complaint was addressed to the Director General and Inspector General of Police which was forwarded to the jurisdictional police for appropriate

action. The allegation that the petitioners herein used to take out the parts from the stolen jeeps and other vehicles. Thereafter, they used to put

them to the planters those who are in need of the vehicle parts. Even they used the said stolen property for the purpose of modification and

alteration of the jeeps belonging to the planters. Recently, the petitioners have modified one MM 440 Jeep bearing Registration No.KA-18 n 2598

AND Mahendra Scorpio bearing registration No.KA-01 Z 8741. Many of the parts of these vehicles are replaced by using the stolen articles. On

the basis of the said complaint, case came to be registered for the alleged offences.

Heard the arguments of the learned counsel appearing for the petitioners/accused Nos.1 and 2 and also the learned High Court Government

Pleader appearing for the respondent-State.

I have perused the grounds urged in the bail petition, FIR, complaint and medical records produced in the case.

Counsel for the petitioners contended that false allegations are made against the petitioners. He made the submission that recently RTO has

examined one of the vehicles and in his report, he has submitted that everything is correct and there is no report that they have changed the engine

and the chasis number. Hence, in view of such report, the learned counsel submitted that this itself clearly show that false allegations are made

against the petitioners that they are in the habit of changing the engine and vehicle numbers by using stolen articles from their garage.

Learned High Court Government Pleader opposed the petition contending that prosecution material clearly goes to show their involvement in

committing the alleged offences. Hence, submitted that the petitioners are not entitled to grant with bail.

Looking to the report of the RTO, at this stage, in respect of the said vehicle, there is no report of the RTO that there is a change of such engine

and the chasis number of the said vehicle. The petitioners have undertaken that they would abide by any conditions that may be imposed by this

Court. The alleged offenses are triable by the Magistrate Court and the alleged offences are not exclusively punishable with death or imprisonment

for life. Hence, by imposing reasonable conditions, the petitioners may be granted with bail.

Accordingly, petition is allowed. The respondent-Police is directed to enlarge the present petitioners/Accused No.1 and 2 on bail in event of

their arrest for the alleged offence registered in respondent police station Crime No.224/2017, subject to the following conditions:

i. Petitioners to execute a personal bond for Rs.50,000/- each and to furnish one solvent surety each for the likesum to the satisfaction of the

concerned Court.

ii. Petitioners shall not tamper with any of the prosecution witnesses, directly or indirectly.

iii. Petitioners have to make themselves available before the Investigating Officer for interrogation, as and when called for.

iv. The petitioners have to appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the

surety bond.