SHESHADRI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-Al under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 399 and 402 of IPC registered in the respondent-Kamakshipalya Police Station in Crime No. 592/2013. The brief facts as per the allegations in the complaint are that on 31.7.2013 at about 9.45 p.m. when the complainant was in the police station, he received a credible information over phone that some four to five persons who have come in a car and a motorcycle are standing near Jumanalal Seva Trust, Sunkadakatte, holding deadly weapons and were conspiring to commit robbery and dacoity. On that information, the complainant went to the spot and got confirmed that they were holding deadly weapons and as such the complainant raided the accused, arrested them and seized the articles. On that basis a case has been registered.

(2.) Heard the learned counsel appearing for the petitioner and the learned Government Pleader for the respondent-State.

(3.) On the earlier occasion all the three accused persons including the petitioner had applied for bail before this Court. After considering the merits of the case, this Court granted bail to accused Nos. 2 and 3 but rejected the petition of this petitioner on the ground that he is involved in yet an offer case in Crime No. 271/13 registered for the offence punishable under Section 380 of IPC and the said matter was still under investigation. Now the learned counsel for the petitioner has produced the document to show that in that case investigation is completed and charge-sheet has been filed. Therefore, in view of the changed circumstances and as the accused Nos. 2 and 3 have already been granted bail by this Court on the similar set of allegations, I am of the opinion that the petitioner is also entitled to be released on bail. So far as the apprehension of the prosecution is concerned, reasonable conditions can be imposed which will safeguard the interest of the prosecution. Accordingly, the criminal petition is allowed. The petitioner-accused No. 1 is ordered to be released on bail of the offences punishable under Sections 399 and 402 of IPC in Crime No. 592/2013 of the respondent-Kamakshipalya police subject to the following conditions:--