IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF DECEMBER, 2019

BEFORE

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

CRL.P. NO.8504/2019

BETWEEN:

MANJUNATHA @ JAKSON

S/O. CHANNEGOWDA

AGED 22 YEARS

R/AT. CHAMUNDESHWARI BEEDI

HALE GUTTALU

MANDYA – 571 401

… PETITIONER

(BY SRI. NAVEEN G.R, ADVOCATE)

AND:

STATE OF KARNATAKA BY

MANDYA EAST POLICE STATION

REP. BY THE STATE PUBLIC PROSECUTOR

HIGH COURT BUILDING

BENGALURU – 560 001

... RESPONDENT

(BY SRI. ROHITH B.J,HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION

439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON

BAIL IN CR.NO.127/2019 OF MANDYA EAST POLICE

STATION, MANDYA FOR THE OFFENCE PUNISHABLE UNDER

SECTION 399 & 402 OF IPC.

THIS CRIMINAL PETITION COMING ON FOR ORDERS

THIS DAY, THE COURT MADE THE FOLLOWING:

2

ORDER

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.2 in

Crime No.127/2019 of Mandya East Police Station, Mandya

District, for the offence punishable under Sections 399 and

422 of IPC, now pending before the Court of II Addl. Civil

Judge and JMFC Court, Mandya District.

3.

The brief facts of the case are that, on

21.11.2019, the respondent –police have received a credible

information that, about 8 to 9 persons were gathered near a

road behind Arkeshwara Temple, Arkeshwaranagara, in

Mandya City for the purpose of committing dacoity.

Immediately, the said police went there and caught hold the

petitioner (A2) and other accused persons and recovered

some weapons, chilly powder etc., The police have also

seized motor cycle and other vehicles on suspicion that they

were all gathered at the spot for the purpose of committing

dacoity.

3

4.

The record reveals that, except the police

officials, no other eyewitnesses are available. Further added

to that, the police have caught hold the petitioner (A2) and

others only on suspicion that, they have gathered at the

spot for the purpose of committing dacoity and the said

suspicion has to be proved beyond reasonable doubt during

the course of full-dressed trial in order to attract the

provisions of 399 and 402 of IPC.

5.

Learned

counsel

for

the

petitioner

(A2)

submitted that, the petitioner has already been arrested and

he has been interrogated and he has been in judicial

custody. Therefore, in my opinion, he is no more required

for any further interrogation. In the facts and circumstances

of the case, the petitioner is entitled to be enlarged on bail.

Hence, the following,-

ORDER

The Petition is allowed. Consequently, the petitioner

(A2) shall be released on bail in connection with Crime

No.127/2019 of Respondent-Mandya East Police Station,

Mandya District, for the aforesaid offences, now pending

before the court of II Addl. Civil Judge and JMFC, Mandya,

subject to the following conditions:

4

(i)

The petitioner shall execute his personal

bond for a sum of Rs.1,00,000/- (Rupees One

Lakh only) with two solvent 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 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 without prior

permission, till the case registered against him is

disposed of.

v)

The petitioner shall mark his attendance

once in a week ie., on every Sunday between

10.00 am and 5.00 p.m., till filing of the charge

sheet or for a period of two months, whichever is

earlier.

Sd/-

JUDGE

KGR*