4 IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 3rd DAY OF NOVEMBER, 2010 BEFORE THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY CRIMINAL PETITION NO.8241/2010 BETWEEN: 1. Shri Renukaprasad, SI Vijaykumar Age: 19 years, 0cc: Student R/o. Saptagiri, Tumkur PETITIONER (By Sri. Jagadish Patil, Adv.) AND: The State of Karnataka Through Gokak Town Police Station High Court of Karnataka Building Circuit Bench, Dharwad RESPONDENT (By Sri. V. M. Banakar, HCGP) CRL.P. IS FILED U/S 439 OF CR.P.C SEEKING TO ENLARGE THE PETITIONER ON BAIL IN GOKAK TOWN POLICE STATION, CRIME NO.145/2010 (IN RESPECT OF ACCUSED NO.4) FOR THE OFFENCES PUNISHABLE UNDER SECTION 363, 397 OF IPC. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING ORDER: ORDER The petitioner who is arraigned as accused No.4 in Crime No. 145/20 10 of Gokak Police Station registered for the offences punishable under sections 363, 397 of IPC are seeking bail under Section 439 of Cr.P.C. 2. The case of the prosecution is that a complaint was lodged on 22.08.2010 at 23.00 hrs. It is alleged that on 05.08.2010, when the complainant had visited Gokak in Maruti Car bearing No.KA-29/M-3836, near Gokak Naka No.1 when he was proceeding in front of Kolar Factory, a person from parked Indica gave a signal and when the complainant went near the said car, he was forcibly taken into the car and an inmate of the vehicle has shown a revolver to him and another person threatened the complainant by showing the Jambia and stabbed him on his right thigh. It is further alleged that they have snatched Rs.36,500/- from the complainant and he was shifted to Tata Sumo Vehicle and further taking his ATM card withdrawn Rs.26,500/-. At last the complainant was left in by-pass road near Haven in injured state. It is further alleged that in addition to the total amount taken, his two mobiles and one goggle totally worth of Rs.1Q,000/- have also been snatched from him. Thereafter, the complainant with the assistance of motor cyclist secured a ambulance and got admitted to General Hospital, Haven and from there, he secured his friend from Hubli and got discharged himself. Thereafter, the complainant returned to Bagalkot and got admitted in Soragavi Nursing Home and after recovery, he lodged the complaint on 22.08.2010. He was inpatient in the hospital till 19.08.2010 at private nursing home at Bagalkot and got discharged from there. Hence he stated in the complaint that there is delay in making the complaint. Accordingly, his complaint dated 22.08.2010 was registered in Gokak Police Station in Crime No.145/2008 for the above said offences. 3. The learned Counsel for the petitioner submits that Accused Nos. 2 and 3 have approached this Court in Crl.P.No.8227/2010 and this Court by its order dated k 4 23.10.2010 granted bail to them. It is submitted that the present petitioner is accused No.4 and there are no overt acts against this petitioner and the Investigating Officer has also not made any recovery from him. It is also submitted that the petitioner is a student and prolonged delay in granting bail will spoil his future. Hence he submitted to grant bail to the petitioner. 4. The learned Govt. Pleader has filed statement of objections and resisted the bail. 5. I have heard both the parties and gone through the records. 6. It is seen from the records that voluntary statement is made by the petitioner that he has utilised the amount for his personal use. From the objection statement filed by the State, it is not seen about the recovery made. In the light of these circumstances and also for the reason that the accused Nos. 2 and 3 are already released on bail, on the principal of justice this petitioner is also entitled for grant of bail. Accordingly, I pass the following: ORDER Petition is allowed. Petitioner is admitted to bail subject to following conditions: i. He shall execute bond for a sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the trial Court, as the case may be. ii. He shall not tamper the prosecution material or prevail upon witnesses by any means. iii. He shall not leave the jurisdiction of the concerned Court without prior permission. iv. He shall mark his attendance before the jurisdictional police once in fortnight until further orders. Sd! gab/- JUDGE