Ravi Prakash vs State of Karnataka

Budihal R.B., J.—This is the petition filed by the petitioner-accused No. 3 u/s 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 399 and 402 of IPC registered by the respondent-police in Crime No. 421/2013.

The brief facts of the prosecution case are that the police Inspector, CCB, Bangalore, lodged the complaint alleging that on 13-12-2013 around 12.45 p.m. while he was in the station, he received the credible information that one Harasaiah and his associates having lethal weapons in the blue colour Scorpio and are waiting in front of tender coconut shop in Jayanagar and were preparing to commit the murder of rowdy Shivakumara @ Gunda and to rob the jewels and cash which were with him. The complainant immediately collected the panchas and along with his other staffs came near that place at 1.45 p.m. and the complainant found a blue colour Scorpio was parked at the distance and six people were standing there and they were speaking in low voice among themselves. The complainant after getting the information that those persons who are preparing to commit dacoity, immediately surrounded those persons and caught hold of them and on enquiry those people revealed they were waiting to commit the murder of Shiva Kumar @ Kunda and to rob the cash and jewels. On the basis of the said complaint, case has been registered.

Heard the arguments of the learned counsel appearing for the petitioner and also the learned High Court Government Pleader for the respondent-State.

I have perused the materials placed on record. The police have also seized the materials said to have been carried by the accused persons. Investigation of the case is already completed and police have filed the charge sheet. The offences alleged are not exclusively punishable with death or imprisonment for life. The only apprehension of the prosecution that if released on bail, petitioner may abscond and he may tamper the prosecution witnesses. To secure the presence of the petitioner-accused No. 3, stringent conditions can be imposed which will safeguard the interest of the prosecution.

Accordingly, petition is allowed. Petitioner-accused No. 3 is ordered to be released on bail for the offences punishable under Sections 399 and 402 of IPC registered by the respondent-police in Crime No. 421/2013, subject to the following conditions:

(i) The petitioner shall execute a personal bond for a sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent surety for the likesum to the satisfaction of the concerned Court;

(ii) The petitioner shall not directly or indirectly tamper with any of the prosecution witnesses;

(iii) The petitioner shall appear before the concerned Court regularly.