IN THE HiGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 2I DAY OF FEBRUARY 2011 BEFORE THE HON’BLE MR. JUSTICE ANAND BYRAREDDY CRIMINAL PETITION No.10146/2011 C/w CRIMINAL PETITION No.10147/2011 In CrI.P.No.10146!201 I BETWEEN: Rasool, S! Irnamsab Mullanavar. Age: 23 years, 0cc: Driver, R/o. Gotgodi, Tq. Shiggan, Dist. Haven. . . .Petitioner (By Shri. G .A.Holeyannavar, Advocate) AND: The State of Karnataka. Represented by State Public Prosecutor. High Court of Karnataka. Circuit Bench, Dharwad. . . . Respondent (By Shri. Anand Kurnar Navalgirnath. Government Pleader) ‘1 his Criminal Petition is tiled 439 undet Section of the Code of Criminal Procedure, seeking to release the petitioner on bail in S.C.No.145/2010 on the file of the II Additional Sessions and Special Judge. Dharwad. In CrI.P.No. 10147/2011 BETWEEN: Rasool, S/o. Irnamsab Mullanavar, Age: 23 ‘years. 0cc: Driver. R/o. Gotgodi, Tq. Shiggan, Dist. Haven. . . .Petitioner (By Shri. G.A.Holeyannavar, Advocate) AND: The State of Karnataka, Represented by State Public Prosecutor. High Court of Karnataka, Circuit Bench. Dharwad. . . . Respondent (By Shri. Anand Kurnar Navalgimath, Government Pleader) This Criminal Petition is filed 439 under Section of the Code of Criminal Procedure, seeking to release the petitioner on bail in S.C.No.143/2010 on the file of the IT Additional Sessions and Special Judge. Dharwad, till the conclusion of the trial and to pass any other order as this Hon’ble Court deems fit to grant bail to the petitioner on the circumstances of this case. These petitions coming on for orders this day, the Court made the following: ORDER The petitions are heard and disposed of together. 2. Heard the learned counsel for the petitioner and the learned Government Pleader. 3 3. The petitioner is the same in these two petitions, and is named as accused No.2, in the two cases registered as Crime Nos.81/2010 and 128/20 10. The allegations are identical. The cases were registered against unknown persons, who are said to have followed the complainant while he was driving a lorry loaded with manganese ore. It is alleged that the unknown persons had followed him in another lorry and way laid the lorry driven by the complainant and thereafter robbed cash that he was carrying, apart from removing the wheels of the truck, the battery and other parts. The Police having filed the charge sheet against the present petitioner amongst others, several accused had approached this Court in Criminal Petition Nos.8469/2010, 8470/2010, 10080/2011 and 10081/2011. This Court while taking note of the fact that no recoveries were made from those petitioners had enlarged them on bail, as there was no prima facie case made out against them. The present •petitjoner also stands on the same footing.. 4. The learned Government Pleader would acknowledge that there were no recoveries made from the 4 present petitioner. Therefore, it is only on suspicion that the Court below has proceeded against the present petitioner. The petitioner having approached the Sessions Court, in the first instance, a bail application was rejected. The Court below has opined that there was sufficient material on record to presume that the petitioner was involved on the basis of recoveries made and the statement of accused No.1. It is on that footing that the bail application was rtjected. 5. However, having regard to the fact that the Police had not made any recoveries from the present petitioner. The petitioner is entitled to be enlarged on bail subject to the following conditions: 1) He shall ilimish a personal bond for a sum of?IO,000/-, with a solvent surety for a like sum, to the satisfaction ofthe trial Court. 2) He shall make himself available to the Investigation Officer as and when required for the purposes of investigation. 3) He shall not leave the jurisdiction ofthe trial Court without seeking leave ofthat Court. 6 b 5 4) He shall not seek to induce or threaten the prosecution witnesses. 5) He shall attend the thai Court on all dates of hearing without fail subject to the Court granting exemption for good and valid reason. Sdf” JUDGE Rsh