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

9 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.