Sridhara @ Sakkare vs State by Byatarayanapura

This petition is filed by the petitioner/accused No.4 under Section 439 of Cr.P.C. seeking his release on bail for the offence punishable under

Section 392 of IPC registered in respondent - police station Crime No.531/2016. After completion of investigation, charge sheet came to be filed

for the offence under Section 395 of IPC.

Heard the arguments of the learned counsel appearing for the petitioner/accused No.4 and also the learned High Court Government Pleader

appearing for the respondent-State.

Learned counsel for the petitioner during the course of his arguments submitted that there is no prima facie material collected by the investigation

agency as against the petitioner herein. Petitioner was arrested in connection with the offence under Section 307 of IPC. So far as this case is

concerned body warrant was issued and executed. Petitioner is not at all involved in committing the alleged offence. Accordingly, sought for grant

of bail.

Per contra, learned High Court Government Pleader during the course of his arguments submitted that mobile phone is to be recovered from the

petitioner. Hence, petitioner is not entitled to be granted with bail.

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

At the first instance, FIR was registered for the offence under Section 392 of IPC against unknown persons, but during investigation, present

petitioner has been arrayed as accused No.4. Now the investigation is completed and charge sheet is also filed. As per the materials collected by

the Investigating Officer during investigation, there is no recovery at the instance of the petitioner. The petitioner has contended in the petition that

he is innocent and not committed the alleged offence and there is a false implication. He has undertaken to abide by any reasonable conditions to

be imposed by this Court. The alleged offence under Section 395 of IPC is not exclusively punishable with death or imprisonment for life. Hence, I

am of the opinion that petitioner can be granted with bail.

Accordingly, petition is allowed. Petitioner/accused No.4 is ordered to be released on bail for the offence punishable under Section 395 of IPC

registered in Crime No.531/2016, subject to the following conditions:

i. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- and furnish one 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.