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Judgment
The petitioner is seeking bail in S.C.No.142/2016 pending before the II Additional District and Sessions Court, Tumkuru. He is being prosecuted in the said case for the offence punishable under Sections 392 and 413 of IPC on the basis of the charge sheet filed by the Sira Police in Crime No.356/2014.
It is alleged that on 15.12.2014 at about 12.45 p.m. near the farm land of Doddegowda of Thogaregunte village, accused Nos.1 and 2 accosted CW-1 - Putta Hanumakka on the motor bike and robbed her gold mangalya chain weighing 25 grams. It is further alleged that accused Nos.1 and 2 sold the robbed property to accused No.3 and he is the receiver of the stolen property.
The petitioner is in judicial custody and Sessions Court has rejected his bail application on the ground that petitioner and other accused persons are involved in several other cases.
Sri.Chandrahasa Rai.B, learned counsel for the petitioner contends that the petitioner is falsely implicated in eight cases. He further contends that the trial Court has rejected his bail application in other cases on the same ground and this Court enlarged him on bail in five cases viz., Crl.P.Nos.7044/2016, 8262/2016, 8261/2016, 7025/2016, 7149/2016.
Sri.K.Nageshwarappa, learned HCGP contends that the petitioner is an habitual offender and therefore, he is not entitled for grant of bail.
The offence alleged against the petitioner under Section 392 IPC is punishable with imprisonment of 10 years and triable by the Magistrate. As per the charge sheet records, the recovery of incriminating materials was from accused No.3 and he is already granted bail by this Court in Crl.P.No.3728/2016. The investigation is already completed. There is no dispute that this Court has granted bail to the petitioner in other cases as aforesaid. Having regard to these facts, there is no impediment to grant bail to the petitioner with conditions.
Therefore, petition is allowed. Petitioner is granted bail in Cr.No.356/2014 of the respondent-police station which is now pending in S.C.No.142/2016 before the II Addl. Sessions Judge, Tumkaru subject to the following conditions:
(i) He shall execute personal bond for a sum of Rs.50,000/- and furnish one local surety in the likesum to the satisfaction of the concerned Court.
(ii) He shall attend the Court regularly and co- operate for trial.
(iii) He shall mark his attendance before the SHO of respondent-Police on every Thursday till the trial is completed.
(iv) He shall not tamper the prosecution witnesses.