Bail may be granted in serious offences like robbery if the accused has spent significant time in custody and is willing to submit to stringent conditions to mitigate flight risk.

This Criminal Petition is filed under Section 439 of Cr.P.C. by the advocate for the petitioners praying that this Hon’ble Court may be pleased to enlarge the petitioners on bail in Cr.No.281/2018 (S.C.No.156/2021) registered by Channammanakere Achukattu Police Station, Bengaluru for the offences P/U/S 397 of IPC.

This Criminal Petition coming on for Orders, this day, the Court made the following:

O R D E R

This petition is field by the petitioners - accused Nos.1 and 2 under Section 439 of Cr.P.C. for grant of bail in Crime No.281/2018 (S.C.No.156/2021) registered by the Channammanakere Achukattu Police, Bengaluru for the offence punishable under Section 397 of IPC pending on the file of the LXVII Addl. City Civil & Sessions Judge, Bengaluru (CCH-68).

2. Heard the arguments of the learned counsel appearing for the petitioners and the learned HCGP appearing for respondent-State.

3. The case of the prosecution is that on the suo-moto complaint registered by the Channammanakere Achukattu Police, Bengaluru, alleging that on 07.02.2019, when the Police and other staffs went for patrolling duty, he found that two persons were riding the motor cycle in suspicious manner. After looking at Police, they were trying to take U-turn and the Police apprehended two persons. On enquiry, they revealed their names, thereafter, the Police brought them to the Police Station. After searching, accused No.1 said to have been holding a half neck gold chain and also knife in his pocket, when enquired about the same, he informed that the chain was snatched from the woman in Kattriguppe in second week of November. On the information, accused No.3 also arrested and recovered 13 properties and sent them to judicial custody. Subsequently, various charge sheets have filed against them. Therefore, they have approached the Sessions Court for grant of bail, which came to be rejected. Hence, they are before this Court in this petition.

4. Having heard the arguments and perused the records.

5. Admittedly, the alleged offence under Section 397 of IPC attracts against the present petitioner and Section 413 of IPC attracts against accused No.3. After arresting the present petitioners, Police seized various properties from accused No.3 which also shows their involved in almost five cases in similar nature. They are in judicial custody for last two years. The accused persons granted bail in other cases i.e. in S.C.Nos.232/2020, 233/2020, 234/2020, 235/2020 and 236/2020 on the file of CCH-65. Except this case, the petitioners are on bail in all other cases. The only apprehension is that if they are granted bail, they may leave away from the District as they are from Tamilnadu. Perused the address. Learned counsel for the petitioner submits that they are ready to abide by any of the conditions that may be imposed by this Court and ready to offer sureties for granting of bail.

6. On perusal of the records, the petitioners are also given present local address of Bengaluru apart from the permanent address of Tamilnadu i.e. Krishnagiri which is adjacent to the Bengaluru District. Considering the facts and circumstances of the case, without expressing anything on the merits of the case, I am of the view that by imposing some stringent conditions, if petitioners/accused Nos.1 and 2 are granted bail, no prejudice would be caused to the case of the prosecution. Hence, I pass the following:

ORDER

The criminal petition is allowed.

The trial Court is directed to release the petitioners/accused Nos.1 and 2 on bail in Crime No.281/2018 (S.C.No.156/2021) registered by the Channammanakere Achukattu Police, Bengaluru for the offence punishable under Section 397 of IPC pending on the file of the LXVII Addl. City Civil & Sessi