Syed Mubharak vs State Of Karnataka

K. Natarajan, J

This petition is filed by accused No.2 under Section 439 of the Code of Criminal Procedure, 1973, (for short, ‘the Cr.P.C.’) for granting

regular bail in Crime No.71 of 2020 registered by Kodigenahalli Police Station, Tumakuru, for the offence punishable under Section 379 of the Indian

Penal Code, 1860 (for short, ‘the IPC’).

Heard the arguments of the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.

The case of the prosecution is that, the petitioner has stolen cow and other cattle nearby area of Singanahalli Village. Hence, the petitioner was

arrested on 27-5-2020 by the Police. The petitioner approached the trial Court as well the Sessions Court for granting bail, which came to be rejected

on the ground that he is habitual offender. Hence, this petition.

Learned counsel for the petitioner has contended that, the petitioner is innocent of the offence alleged and he has been falsely implicated. The

petitioner is ready to abide by any of the conditions that may be imposed by the Court. Hence, he prayed for allowing the petition.

Per contra, the learned High Court Government Pleader has objected the bail petition.

Upon considering the arguments and perusal of the record, the maximum punishment for the offence under Section 379 of the IPC may extend to

three years or with fine, or with both. The petitioner is in custody from 27-5-2020. The stolen cow is already recovered. The offence alleged is not

punishable either with death or imprisonment for life. Therefore, without expressing any opinion on the merits of the case, I am of the view that the

petitioner is entitled for grant of bail. Hence, I pass the following

ORDER

Criminal petition is allowed. The trial Court is directed to release the petitioner/accused No.2 on bail in Crime No.71 of 2020 registered by

Kodigenahalli Police Station, Tumakuru, for the offence punishable under Section 379 of the IPC, subject to the following conditions:

i) Petitioner shall execute a personal bond in a sum of Rs.25,000/- (Rupees twenty-five thousand only) with one surety for the likesum to the

satisfaction of the trial Court;

ii) Petitioner shall not tamper with the prosecution witnesses directly or indirectly;

iii) Petitioner shall not indulge in any similar offences strictly; and

iv) Petitioner shall take up the trial without causing any delay.