] Crl. P E5694/O9
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 1 EH DAY OF JANUARY 20
BEFORE V
THE HON'BLE MRJUSTICE A.s.PAc11}iApUiRjEi'¢_
CRIMINAL PETITION I§o';6694;rg_qggg:_" _ "
BETWEEN V i .
Chandrashekar,
S/o. Sidde Gowda,
Aged about 36 years, A V_
R/o. Bagivalu Village, A _ ._ A
Gandasi Hobli, Arsikere Ta}1uk;--»"
Hassan District. _ it i PETITIONER/S
{Sri. Hashmaill Ii%'aé]aa,V:'Acfv§V): g.
AND
State
By Hassan_ Extension 'I?oii.ee,
Hassan. * V RESPONDENT/S
.. (sriL;~3'«saj;§'sh_%_ R. (§irji.;_..HCGP.}
=I¢=i€**=i=
ivcvfirfziinal Petition is filed under Section 439
C1°.1P".C. prayin.g to release the petitioner on bail in Crime
No.1.58[20.()E's of Hassan Extension Police Station. Hassan,
now pending in C.C.No.183/2009 on the file of the CJM,
"HAassan.-"for the offence P/U/S. 324, 392 of IPC.
_' °'TI1is Criminal Petition coming on for Orders, this
day, the Court, made the following:
'? Crl. P 6694/O9
ORDER
This petition is filed under Section
requesting for grant of bail having been 4′
offence punishable under Section_39..’?_ 4I’PC-I ”
2. The facts relevantgfor
are as under: ‘ V V’ V
The complainant’ – .. an V liiantorickshaw
driver and on 24.5.2t)0g} .AA_’.:VPv.lii,f(_1ceeding in his
autorickshawy and near
Holenarasifanrmӣf;irc1.e.i passengers in his
autoriekshaytviiiantli Kkfereviproceeding on the way, a
passenger’ to stop the autorickshaw
and after’lalightir;ggA7frozn the vehicle, saying that they
thellrnoney for payment of hire charges. went
‘away._and amongst them returned and while the
com’plainanjt yvas cleaning the front glass of the
autoriciishaw, one amongst them held the complainant and
“..flthel’=outhe’r ciosecl the mouth and all of them snatched from
— an amount of 125.800-O0, a golden chain weighing 15
” a golden ring and mobile phone. Though he resisted
K
3 Crl. P 6694/09
the action of the said persons, they caused the assault and
injury to his forehead. They gave a threat to finish’
later. they went away from the spot. Th-e’:’_
approached the Police and submitted. a c.-ompia.int.Von:’th”ese ‘ ; it
facts which came to be rezgistiered
investigation the chargesheetvnhas beenp_laid.ih_p
3. The petitiorier isiiininocent and
not committed any not appear in
the complaint» he to abide by any
conditions iby the Court for his
release ‘¢rrba.:I:.,
4. it counsel,_l*or”‘the petitioner has also filed a
Meme’ “stating’~ the petitioner will attend the Police
fliStation mark his attendance twice in a week and that
for relaxation of this condition till the
case.__is disposed of before the Court below.
” The Government Pleader opposes the petition
~ stating that there is recovery of the stolen articles from
“the petitioner and that in case, if he is released on bail,
of
.1 Cr]. P 6E394/G9
there is every possibility of he committing such offences in
future. On these grounds, he has sought for the
of the petition.
6. I have heard the learned! connsel’fgo1’VAt’11.e”petitioggisr i’
and also the learned Government Fiehaider.
7. The offence nnder :gSect’ion«,39#’IFtT._is_.punishable
with imprisonment of be seen from
the allegations in of Rs.800–0O,
a golden the mobile was
anyhow, as could be
seen from. .A -i made by the Government
Pleaderlthougli it is more than what has
been’mention’ed_hin the complaint. Any how, that is a
fivinatxter will have to be taken into consideration
of the trial. So far as the safeguarding
the”-..inte»rest’~V’ of the prosecution is concerned, the same
‘”‘-‘~.__V.–.~9u1d :done by imposing some stringent conditions. In
gri’the._ci~rcumstances, I am of the opinion that the petitioner
_is__§entitIed to the bail sought for. Hence, I proceed to pass
the following:
5 Cri. P 6694/O9
ORDER
The petition is allowed. The petitioner is to
be released on bail on his executing a perscsnalvhonxd’ 5
sum of Rs.25.000-00 with two snreties for j it
the satisfaction of the Court concerned iisnlbjecti
following conditions:
i. The petitioner shailfiappevar and ~xnAarli his
attendance._._”:before;_» Extension
Police, Hassan-, on every
Thvuxisday V’ heztween 08.00
a.,«ni; . the memo
1: ‘V”t1;e’i’i:’~o_eiins’e1 Vivgfoir the petitioner
“” ” this’VVii’nvdertaking, he shall
= »sfoi1*._re’lax”ation of this condition
A L till the of the case;
The”V–..pVe_t_itr1oner shall not cause any
_th_reat, force or coercion to the
“m*o_secution witnesses.
A Thvepeitition is accordingly disposed of.
JL