Sandeep Vilas Pawar vs State of Karnataka

Budihal R.B., J.—This petition is filed by the petitioner - accused No. 5 u/s 439 of Cr.P.C. seeking release on bail for the offences punishable under Sections 399 and 402 of I.P.C. registered in the respondent-police station in Crime No. 209/2013.

The brief facts of the prosecution case is that in pursuance of the credible information, the Sub-Inspector alongwith panchas and his staff rushed to the place at 6.00 p.m. and they have apprehended the accused persons including the petitioner, who were making preparation to commit robbery.

Heard the arguments of the learned counsel appearing for the petitioner/accused No. 5 and the learned Government Pleader for the respondent/State.

Learned counsel for the petitioner submitted ''that the petitioner is innocent and not involved in the alleged offence. Now the investigation is complete and charge-sheet has been filed. Further, the petitioner is in custody and not at all required for investigation. Hence, by imposing any reasonable condition, he may be enlarged on bail.

As against this, learned Government Pleader during the course of his argument submitted that the petitioner/accused No. 5 alongwith other accused persons were caught red handed and there was recovery of weapons at the instance of the petitioner. Hence, the learned Government Pleader submitted that there is prima facie case made out by the prosecution against the petitioner for the commission of alleged offence. Hence, he submitted that the petition may be rejected.

I have perused the averments made in the bail petition, FIR, complaint, the order passed by the Court below in the bail application and other materials placed on record. It is the contention of the petitioner that there is a false implication in the present case. He is not at all involved in the alleged offence on the date of incident and looking to the material on record, it is no doubt that at the instance of the petitioner, there was seizure of weapons. But now the investigation of the case is complete and charge-sheet has been filed. The offences alleged are also not exclusively punishable with death or imprisonment for life and they are triable before the Court of Magistrate. Though there is apprehension of the prosecution regarding ascendance of the petitioner or tampering of prosecution witnesses stringent conditions can be imposed which will safeguard the interest of the prosecution.

Accordingly, criminal petition is allowed. The petitioner-accused No. 5 is ordered to be released on bail of the offences punishable under Sections 399 and 400 of I.P.C. registered in Crime No. 209/2013 of the respondent -police subject to the following conditions:-

(a) The petitioner has to execute a personal bond for a sum of Rs. 50,000/- and furnish a surety for the like sum to the satisfaction of the concerned Court;

(b) The petitioner shall not intimidate or tamper with the prosecution witnesses, directly or indirectly; and

(c) Petitioner to appear before the concerned court regularly.