High CourtsSingle Bench(2011) 02 KAR CK 0090

Sri Prakash, Sri Kuppaswamy and Hameed Basha vs State of Karnataka

Karnataka High Court · Decided on 7 February 2011

HON’BLE JUDGES
V. Jagannathan, J
RESULT
Allowed
CASE NUMBER
Criminal P. No. 393 of 2011

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Judgment

12 paragraphs · 359 words

V. Jagannathan, J.—Heard both sides in respect of bail sought by the Petitioners who are A-2 to A-4 in Cr. No. 758/10 for the offences punishable under Sections 399 and 402 of the IPC.

2.

Submission of the Petitioners counsel is that, the Petitioners were apprehended by the police merely on suspicion, but it was A-1 who was the main person against whom the case ought to have been registered and the police, suspecting that the Petitioners were also preparing for committing dacoity and planning to follow the lorry which was carrying copper, arrested the Petitioners on 23.12.10.

3.

Stating that the Petitioners have got permanent root in the place where they are shown to reside, bail is sought.

4.

Submission of learned Addl. S.P.P for the Respondent-State is that, if the Petitioners are released, they may abscond, therefore bail petition be rejected and moreover it was A-4 who was driving the vehicle i.e. Tata Sumo which was seized by the police.

5.

Having thus heard both sides and taking note of the nature of allegations made and the only material at this stage being the voluntary statement of A-1 recorded by the police, these Petitioners can be released on bail by imposing conditions to safeguard the prosecution interest. Hence, I pass the following order.

The petition is allowed by imposing the following conditions:

1.

The Petitioners shall be released on bail on each of them executing a personal bond for Rs. 25,000/- with two sureties for the like sum, out of whom, one shall be a local surety, to the satisfaction of the trial court.

2.

They shall not hamper the investigation and shall not give threat to the prosecution witnesses in any manner.

3.

They shall mark their attendance before the jurisdictional police on 1st and 30th of every month between 10.00 a.m. and 5.00 p.m.

4.

They shall appear before the trial court on all the dates of hearing without fail.

5.

They shall not involve in offences of like nature in future.

If the Petitioners fail to comply with any of the above conditions, the bail will be cancelled at the instance of the prosecution.