Sri. B.M. Dinesh @ Donne vs State of Karnataka

Budihal R.B., J.—This petition is filed by petitioner-accused No. 7 u/s 438 of Cr. P.C. seeking anticipatory bail to direct the respondent-police to release the petitioner on bail, in the event of his arrest, for the alleged offence punishable u/s 395 of IPC registered in respondent-police station Crime No. 27/2013.

2 The brief facts of the case as per the averments in the complaint are that complainant one Sri Santosh lodged a complaint on 15.3.2013 alleging that one Mr. Fazal had telephoned and assured to the uncle of the complainant stating that he would give gold at a lesser rate and on his assurance, the complainant, his wife Smt. Archana along with his uncle went in a car to meet the said Fazal with cash of Rs. 20,00,000/- at Mysore. At that time, Fazal and others assaulted them and taken the cash bag. The police caught hold of one Hemanth, who was running with the cash bag. On enquiry, the said Hemanth disclosed names of some persons including the petitioner, who was also stated to be actively participated in the said crime. On the basis of the said complaint, case was registered by the respondent-police.

Heard the arguments of the learned counsel for the petitioner-accused No. 7 and also the learned Government Pleader for the respondent-State.

Learned counsel for the petitioner during the course of his arguments submitted that petitioner is totally innocent and not participated in the commission of the alleged offence. He has also submitted that the present petitioner has been arrayed as accused No. 7 in the case only on the basis of the statement of the co-accused No. 2. Except the statement of co-accused, there is no other material collected during investigation as against the present petitioner. Petitioner is the Member of a trust, which is giving social service to many people. Accused No. 6 has been already granted bail by this Court. Hence, on the ground of parity, present petitioner may also be granted with anticipatory bail.

As against this, learned Government Pleader during the course of his arguments submitted that the present petitioner is also involved in the commission of the alleged offences. Accused No. 2 has clearly stated in his statement before the police that petitioner is also one of the co accused involved in the commission of the alleged offence. The offence alleged u/s 395 of IPC is a serious offence and the present petitioner has absconded. Hence, he is not entitled to anticipatory bail.

I have perused the averments made in the bail petition, FIR, complaint and other materials placed on record.

It is submitted by the learned counsel for the petitioner that the basis for the respondent-police to array the present petitioner as accused No. 7 in the case is the statement of co-accused No. 2. Nothing has been seized from the present petitioner and the amount said to have been robbed has been already recovered by the police. In the petition, petitioner has contended that he is totally innocent and is not involved in the commission of the alleged offences and has also undertaken to abide by any reasonable conditions to be imposed by the Court.

I have perused the order passed by this Court relied upon by the learned counsel for the petitioner dated 16.1.2014 in Crl. P. No. 5570/2013 in respect of accused No. 6. Similar allegations are made even against the present petitioner and he is also on the same footing as that of accused No. 6. The offences alleged u/s 395 of IPC is also not exclusively punishable with death or imprisonment for life. Investigation of the case is completed and charge sheet has been filed. If stringent conditions are imposed to secure the presence of the present petitioner during the course of trial, it will safeguard the interest of the prosecution.

Accordingly., petition is allowed. The respondent-police are directed to release the petitioner-accused No. 7 on bail in the event of his arrest for the alleged offences u/s 395 of IPC registered in respondent-police station Crime No. 27/2013 subject to the following conditions:

(i) Petitioner shall execute a personal bond for Rs. 50,000/- and furnish one solvent surety for the like sum to the satisfaction of the concerned Court.

(ii) He shall not tamper with any of the prosecution witnesses directly or indirectly.

(iii) He shall make himself available before the Investigating Officer for interrogation whenever called for.

(iv) He shall appear before the concerned Court within 30 days from the date of this order and to execute personal bond and also surety bond.