High CourtsSingle Bench

Santhosh vs State of Karnataka

Karnataka High Court · Decided on 17 February 2011 · Citation: (2011) 02 KAR CK 0095

HON’BLE JUDGES
V. Jagannathan, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 34, 395, 411
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 6030 of 2010
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Judgment

11 paragraphs · 380 words

V. Jagannathan, J.—Heard both sides in respect of bail sought by the Petitioner who is accused No. 2 against whom and others, a case is registered in Cr. No. 12/10 for the offences punishable under Sections 395 and 411 r/w 34 of IPC.

2.

Submission of the Petitioner''s Counsel is that, even as per file complaint, only one person said to have robbed the complainant of her jewelry, but in the further statement of the complainant, five persons are mentioned and more over, this Court has granted bail to accused No. 3 in the very same crime number and therefore, this Petitioner also be granted the same relief.

3.

Submission of the learned Addl. SPP for the State is that against this Petitioner, number of cases are registered at various police stations and more over recovery was also effected at his hands.

4.

In the light of the aforesaid submissions put forward and as this Court has granted bail to accused No. 3-Allabakshi, who is also involved in the very same case, this Petitioner also will have to be released on bail, At the same time, taking note of the submission made by the learned Addl. SPP for the State regarding involvement of the Petitioner in other cases, conditions will have to be imposed to ensure that he does not involve in the offences of like nature in future. 5. In the result, petition is allowed and bail is granted to the Petitioner, subject to the following conditions:

(i) Petitioner shall be released on bail on his executing a personal bond for a sum of Rs. 25,000/- with two sureties for the likesum to the satisfaction of the trial court.

(ii) He shall not tamper or attempt to temper any of the prosecution witnesses.

(iii) He stall not give threat to the prosecution witnesses in any manner.

(iv) He shall not involve himself in the offence of like nature in future.

(v) He shall attend the court regularly on aft dates of hearing.

(vi) He shall mark his attendance before the concerned police station on every Saturday between 10 a.m. and 5 p.m.

It is made clear that if the Petitioner is found involved in the offences of like nature in future, the bail now granted shall stand cancelled automatically.