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Judgment
This petition is filed by the petitioner/accused No.4 under Section 439 of Cr.P.C., seeking regular bail in Crime No.225/2015 of Bhalki Town Police Station, registered for the offences punishable under Sections 328, 420 r/w Section 143 of IPC and also Section 78(III) of Karnataka Police Act.
Brief facts leading to filing of the complaint are that, on 08.06.2015, the complainant - P.S.I. received a credible information that some persons were indulged in matka gambling and are cheating the public by collecting money from them under the guise of paying Rs.80/- for Rs.1/- and also selling some prohibited drugs near Papava Nagar Cross, Bhalki, which is dangerous to the health of the public. Immediately, along with panch witnesses and staff, he went to the spot, conducted the raid and there accused Nos.1 and 2 were apprehended and the other accused persons ran away from the spot; thereafter, the mahazar was conducted and the articles were seized. Thereafter he lodged a complaint and on the basis of the said complaint, a case has been registered against the accused persons.
I have heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for respondent-State.
The main grounds urged by the learned counsel for the petitioner are that so many cases have been registered against so many persons with similar allegations by filing a stereo typed complaint. It is also contended that the petitioner has been falsely implicated in this case, the petitioner is a law abiding citizen and the alleged offences are not punishable with death or imprisonment for life. It is further contended that if the petitioner is released on bail, he is ready to abide by the conditions to be imposed by this Court and ready to offer sureties. On these grounds, he prays for allowing the petition.
On the contrary, learned High Court Government Pleader appearing for the respondent-State vehemently contended that the petitioner is habitual offender and he is involved in many cases. He has also contended that at this juncture, if the petitioner is released on bail, again he may indulge in similar criminal activities, he may abscond and he may not be available for trial and even he may tamper with the prosecution witnesses. On these grounds, he prays for dismissal of the petition.
I have gone through the copy of the FIR, complaint and other material produced along with the petition.
Even though there is an allegation to the effect that when the raid has been conducted, the petitioner including the other accused persons were involved in the activities of matka gambling and the articles have been seized, but the offences levelled against the petitioner are not punishable with death or imprisonment for life. Already seizer proceedings have also been taken place and the charge-sheet has been filed. Under such circumstances, I feel that by imposing some stringent conditions if the petitioner is released on bail, it would meet the ends of justice and it would also protect the interest of the prosecution.
For the above reasons, the petition is allowed and petitioner/accused No.4 is ordered to be released on bail, subject to the following conditions:
i. The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two solvent sureties for the likesum to the satisfaction of the jurisdictional Court/Sessions Judge, if already the case has been committed;
ii. The petitioner shall not tamper with any of the prosecution witnesses directly or indirectly;
iii. The petitioner shall mark his attendance before the Investigating Officer once in fortnight;
iv. The petitioner shall appear before the trial Court on all the dates of hearing without fail.