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Judgment
25 paragraphs · 412 wordsK. N. Phaneendra, J
Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent State. Perused the records.
The petitioner/accused is chargesheeted for the offence punishable under Sections 398, 511, 120(B) of IPC and Sections 3 and 25 of the Indian
Arms Act.
The brief facts of the case are that, a person by name Sri. Arun Sanjay Sindhe (Datta) resident of No.9, 1st Floor, Gokula Complex, Kempanna
Lane, Nagarthpet Cross, Bengaluru, has lodged a complaint before the respondent-Police Station making allegations that, the petitioner/accused along
with others dodged into the jewelry shop of the complainant and threatened him with dire consequences and snatched his mobile phone etc.
Immediately, the complainant informed the police about the said incident. In fact, on the basis of the said complaint lodged by the complainant, the
respondent- police have arrested the petitioner on 26.10.2013 and since then, he has been in judicial custody. The offence punishable under Section
398 is punishable with the maximum punishment of imprisonment for seven years and Section 120(B) is also punishable with two years imprisonment.
It is seen that the petitioner/accused has been in judicial custody for more than 6½ years.
Therefore, taking into consideration the long incarceration of the petitioner/accused and there is no chances of early disposal of the case in SC
No.38/2014 by the trial Court viz., LXIII Additional City Civil and Sessions Judge (CCH-64), Bengaluru, in my opinion, the petitioner is entitled to be
enlarged on bail on some conditions. Hence, the following, -
ORDER
The Petition is allowed. Consequently, the petitioner/Accused-Vikram Singh @ Doliya shall be released on bail in SC No.38/2014 (Crime No.
339/2013 of the respondent-Halasoor Gate Police Station, Bengaluru), now pending before the Court of LXIII Additional City Civil and Sessions Judge
at Bengaluru (CCH-64) for the aforesaid offences, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with Two Sureties for the like-sum to the
satisfaction of the jurisdictional Court.
(ii) The petitioner shall not tamper the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court as and when called for and also on all future hearing dates unless exempted by the Court
for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court ie., Bengaluru Urban or Rural District, without prior permission, till the case
registered against him is disposed of.
