Sathish Kumar @ Sathish vs State

This petition is filed by the petitioner/accused No.12 under Section 439 of Cr.P.C. seeking his release on bail for the alleged offences

punishable under Sections 395 and 120(B) of IPC, registered in respondent-police station Crime No. 118/2017.

Brief facts of the prosecution case as per the complaint averments are that complainant being a Civil Contractor approached the respondent

with a written complaint alleging that on account of Demonetization of old currency notes, he had scarcity of new notes to pay the laborers.

Therefore, he informed to one Byappa and Mani, who were accused Nos. 4 and 5. Thereafter, on promise that of getting new currency notes, the

complainant was taken to the accused No.1 house with an amount of Rs.95 lakhs. Accused No.1 after verifying the old currency showed a

Revolver to the complainant, threatened him and children of accused No.1 man handled the complainant and threatened him with dire

consequences not to inform any body and he was thrown out of the house. On the basis of said the complaint, case came to be registered for the

said offences against accused No. 1 to 5 whose names are mentioned in the FIR.

Heard the arguments of the learned counsel appearing for the petitioner/accused No.12 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 also other materials produced by the learned counsel for the petitioner.

Looking to the complaint averments it clearly shows that main allegations are against accused No. 1 that he had shown Revolver to the

complainant and children of accused No.1 man handled the complainant. Name of the present petitioner is not figured either in the complaint or in

the FIR. Original FIR has been filed against five accused and during the course of investigation the petitioner arraigned as accused No.12. It is no

doubt true that prosecution material alleges that there is conspiracy in between all the accused persons in committing alleged offence. The

petitioner-accused No.12 has denied all the allegations against him. Therefore, it is a matter of trial regarding the alleged conspiracy. Apart from

that looking to the date of incident, there is delay of five months in lodging the complaint. It is to be explained by the prosecution during the course

of trial. The accused Nos.1, 2, 3 have already been enlarged on bail by order of this Court dated 21.09.2017 passed in Crl.P.6851/2017. I have

perused the said order. Investigation is completed and chargesheet is also filed. The petitioner-accused No.12 has under taken that he is ready to

abide by any reasonable conditions that may be imposed by this Court.

Accordingly, petition is allowed. Petitioner/accused No.12 is ordered to be released on bail for the offences punishable under Sections 395 and

120(B) of IPC, registered in respondent-police station Crime No.118/2017, subject to the following conditions:

i. Petitioner shall execute a personal bond for Rs.1,00,000/- each and has to furnish one solvent surety for the likesum to the satisfaction of the

concerned Court.

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

iii. Petitioner shall appear before the concerned Court regularly.