High CourtsSINGLE BENCH(2017) 04 KAR CK 0043

MOHAMMED IBRAHIM @ MUJU, S/O. MOHAMMED GOUSE, vs STATE OF KARNATAKA REPRESENTED BY KUNIGAL POLICE,

Karnataka High Court · Decided on 7 April 2017

HON’BLE JUDGES
Rathnakala
RESULT
Allowed
CASE NUMBER
713 of 2017

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Judgment

28 paragraphs · 294 words
1.

Heard the learned counsel for the petitioners and

the learned High Court Government Pleader for the

respondent-State.

The respondent-police have charge-sheeted these

petitioners (accused Nos.1 to 3) and co-accused in their

Crime No.399/2015 in respect of the offences

punishable under Sections 380, 454 r/w Section 34 of

IPC.

2.

The allegation of the prosecution is, on the

night of 03.11.2015, accused Nos.1 to 3 broke open the

door of the house of CW.1 and robbed the valuables and

cash amount from the house. Subsequently, all the

four accused shared the bounty among themselves.

During the course of investigation, the stolen property is

recovered.

3.

As per the submission of the learned HCGP,

these petitioners are involved in identical cases

registered by the Kunigal police. Sri. Chethan B.,

learned counsel for the petitioners clarifies that they

were arrested in Crime No.306/2015 and under body

warrant they were produced in the present case.

4.

However, having regard to the nature of the

allegations, there is no impediment to allow the petition.

5.

Accordingly, the petition is allowed. The

petitioners are enlarged on bail in Crime No.399/2015

registered by the respondent-Police, subject to following

conditions:

(i) They shall execute a self bond for a sum of Rs.50,000/- each with one surety for the likesum to the satisfaction of the Trial Court. The sureties shall produce their Aadhar Card/Identity Card and the original title deed pertaining to their immovable property for perusal of the Court. The sureties shall not have the history of offering surety to the accused persons of any other criminal case. (ii) They shall attend the Court on all hearing dates regularly and punctually; (iii) They shall not threaten or prevail upon the prosecution witnesses. (iv) They shall not indulge in any criminal activities.