RAGHUNATH SRIKANT NAIK vs THE STATE OF KARNATAKA

Heard learned counsel for the petitioner (Accused No.3) and learned Government Advocate. Perused the records.

A person by name Kareppa Halappa Heravade resident of Neja, Chikkodi Taluk, has lodged a complaint stating that, he is the owner of 80 sheep and his uncle is the owner of 50 sheep and they were rearing the sheep in their village. In this regard, it is stated that on 25.09.2016 in the evening at about 7.00 p.m., they found 9 sheep were missing, therefore, they went in search of the same and they found 9 sheep in the land of one Kumara Ichalakaranji and that they came to know that the said Kumara Ichalakaranji has made an attempt to commit theft of 9 sheep. On that basis a complaint came to be lodged and the police have registered the same in Crime No. 202/2016 for the offences punishable under Sections 379 & 511 of IPC.

The Complainant suspected that the petitioner along with others must have committed the above said act of attempting to commit theft. On the same ground the petitioner and others were arrested in connection with some other cases and it appears on the face of the voluntary statement of the accused, their names were also incorporated in this case. Except that nothing is forthcoming in the record to implicate them to the crime. Though the trial Court has dismissed the case on the ground that there are other five cases pending against them, but unless it is shown to this court they have committed theft , in this case that there is strong prima facie material, the bail cannot be rejected.

In the above circumstances, the following order is passed.

ORDER

The petition is allowed. The petitioner- Raghunath Srikant Naik (A3) shall be released on bail in connection with Crime No.202/2016 on the file of the II Addl. Civil Judge and JMFC, Chikkodi for the offences punishable under Section 379 & 511 of IPC, subject to the following conditions:-

i) The petitioner shall execute his personal bond for a sum of Rs.50,000/- with one solvent surety for the like-sum to the satisfaction of the jurisdictional Magistrate;

ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses in any manner;

iii) The petitioner shall appear before the police as and when required for the purpose of investigation, interrogation, etc.;

iv) The petitioner shall appear before the Court on all the future hearing dates unless exempted by the Court for genuine reasons;

v) The petitioner shall mark his attendance in jurisdictional police station once in a week, i.e., Sunday between 10.00 am. and 5.00 p.m. till filing of the charge sheet or for a period of two months, whichever is earlier.