Thimmiah @ Bilithimmiah @ Thimmegowda vs The State

This petition is filed by petitioner-accused No. 1 u/s 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 395, 412 r/w Section 149 of IPC registered in respondent-police station Crime No. 247/2011.

Heard the arguments of the learned counsel appearing for the petitioner-accused No. 1 and also the learned Government Pleader for the respondent-State.

Learned counsel for the petitioner during the course of his arguments submitted that there is no material placed to show the involvement of the petitioner in the commission of the alleged offences. Even according to the case of prosecution, the persons who entered into the house covered their faces with handkerchief and were wearing caps also. To establish the identity of the petitioner that he is involved in the alleged offences and that he has entered into the house of the complainant on that day, no satisfactory material is placed by the prosecution. He has also submitted that even as per the charge sheet whatever gold ornaments said to have been seized, are not exactly tallying with the gold ornaments said to have been robbed from the complainant. Since from the date of the arrest, petitioner is in custody and the lower Court rejected the bail application of the petitioner on the ground that he has not made a mention that his earlier bail application was rejected by the Court and that he is involved in other offences. Hence, the learned counsel has submitted that by imposing any reasonable conditions, petitioner may be admitted to bail.

As against this, learned Government Pleader during the course of his arguments submitted that the statement of witnesses goes to show the involvement of the present petitioner in the commission of the alleged offences. He has also submitted that there are recoveries effected by the Investigating Officer at the instance of the present petitioner and other accused persons, which itself shows that petitioner was also involved in the commission of the alleged offences. Hence, it is not fit a case to release the petitioner on bail.

I have perused the averments made in the bail petition, FIR, complaint and other materials produced along with the petition.

Even according to the prosecution, the complaint was against unknown persons, so also, FIR was registered against four unknown persons. In the complaint it is mentioned that the persons who entered the house had covered their faces with handkerchief and they were wearing caps. This goes to show that the complainant and other family members of the complainant were not able to see the accused persons properly to identify their facial features also. But according to the prosecution, the T.I. parade is not conducted so as to establish the identity of the petitioner to show his involvement in the commission of the alleged offence. It is no doubt true as submitted by the learned Government Pleader that at the instance of the present petitioner some ornaments were seized and, clubs were also seized. But only on the basis of the said recovery and in the absence of other prima facie material, it cannot be inferred at this stage that prosecution has placed the prima facie material as against the present petitioner.

Looking to the averments made in the bail petition, it is contended by the petitioner that he is innocent and is not involved in the commission of the alleged offences and is ready to abide by any conditions to be imposed by the Court. The only apprehension of the prosecution that if released on bail, he may tamper the prosecution witnesses and he may abscond. To secure the presence of the petitioner before the trial Court, stringent conditions can be imposed, which will safeguard the interest of the prosecution. The offences alleged under Sections 395 and 412 are not exclusively punishable with death or imprisonment for life. In view of these materials on record, I am of the opinion that it is a fit case to exercise the discretion in favour of the present petitioner.

Accordingly, petition is allowed. Petitioner is ordered to be released on bail of the offences punishable under Sections 395 and 412 r/w Section 149 of IPC registered in respondent-police station Crime No. 247/2011, subject to following conditions:-

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

(ii) Petitioner shall not intimidate or tamper with prosecution witnesses directly or indirectly.

(iii) Petitioner shall appear before the concerned Court regularly.