IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 04^TH DAY OF DECEMBER, 2019

BEFORE

THE HON’BLE MR. JUSTICE K.N. PHANEENDRA

CRIMINAL PETITION NO.8071 OF 2019

Between:

Naveen

S/o Mudduveerappa

Aged about 25 years

R/at No.390, Hilalige Village

Chandapura

Anekal Taluk

Bengaluru Rural District

Bengaluru – 560 068

…Petitioner

(by Shri Rajashekara, R.V., Advocate)

And:

State of Karnataka

By its Station House Officer

Electronic City Police

Bengaluru – 100

rep. by State Public Prosecutor

High Court Building

Bengaluru – 560 001

…Respondent

(by Shri Honnappa, HCGP)

This Criminal Petition is filed under Section 438 of the

Cr.P.C. praying to enlarge the petitioner on bail in the event of

his arrest in Cr.332 of 2016 (CC No.5002 of 2019) of Electronic

City Police Station Bengaluru for the offence punishable under

Sections 399, 402 of Indian Penal Code.

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This Criminal Petition coming on for orders, this day, the

Court made the following:

O R D E R

Heard the learned counsel for the petitioner and the

learned HCGP for the respondent-State. Perused the records.

2. The petitioner is arraigned as accused No.8 in CC

No.6229 of 2016. As the petitioner was shown as absconded, a

separate split-up case has been registered in CC No.5002 of

2019 for the offences punishable under Sections 399 and 402 of

the Indian Penal Code arising out of Crime No.0332/2016.

3. The facts are that on 08^th June, 2016, the Electronic

City police, after receiving credible information that some people

have gathered near Mylasandra village Petrol Bunk, immediately

went there and found some of the persons gathered there, and

they intercepted them and found that they were armed with

knife, chilly powder, iron chopper, etc. and the police suspected

that they were gathered there for the purpose of committing

dacoity. Immediately, some of the accused were arrested and at

the time of interrogation they disclosed the name of this

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petitioner. On that basis a charge sheet has been laid against

this petitioner also.

4. It is only on suspicion that the petitioner and others

have gathered there for the purpose of committing dacoity and

the same suspicion has to be proved during the course of full-

fledged trial that, in reality, they were gathered there for the

purpose of committing dacoity. In my opinion, till that point of

time there should not be any pre-conviction sentence on the

petitioner. Hence, the following:

O R D E R

Petition is allowed. Consequently, the petitioner

shall be released on bail in the event of his arrest in

connection with Crime No.0332/2016 of Electronic City

Police Station, Bengaluru for the offence punishable

under Sections 399 and 402 of the Indian Penal code,

on following conditions:-

i)

The petitioner shall surrender himself before

the Investigating Officer within Ten days from

the date of receipt of a certified copy of this

order and he shall execute his personal bond

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for a sum of Rs.1,00,000/- with two sureties

for the like-sum to the satisfaction of the

jurisdictional court.

ii)

The petitioner shall not indulge in hampering

the investigation or tampering the prosecution

witnesses.

iii) The

petitioner

shall

co-operate

with

the

Investigating

Officer

to

complete

the

investigation, and he shall appear before the

Investigating Officer as and when called for.

iv) The petitioner shall not leave the jurisdiction of

Bengaluru District without prior permission of

the Court, till the charge sheet is filed or for a

period of three months, whichever is earlier.

v)

The petitioner shall mark his attendance once

in a week i.e. on every Sunday between 10.00

am and 5.00 pm., before the Investigating

Officer for a period of two months or till the

charge-sheet is filed, whichever is earlier.

Sd/-

JUDGE

lnn