IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH. DHARAWAD Dated the 3Qth day of March 2011 :BEFORE: HON’BLE MR.JUSTICE : V.JAGANNATHAN CRIMINAL PETiTION No. 10442 / 2011 BETWEEN: Sri Santosh, S/o Subhash Path, Age: 22 years, 0cc: Private Service, R/o H.No.563, Khanapura Road, Machhe, Belgaum. Petitioner (By Sri Srinand A.Pachchapure, Advocate.) AND: State of Karnataka, through Khade Bazar Police Station, now rept. by S.P.P. Respondent (By Sri Anand Navalagimath, H.C.G.P.) Criminal petition filed under Section 439 of the Cr.P.C. seeking to grant bail to the petitioner in Crime No.126/20 ii of Khade Bazar Police Station, registered for the offence punishable under Section 394 of the I.P.C. This petition coming on for orders this day, the court made the following: ORDER This petition is by A-2, who, along with other accused persons, was roped in by the Khade Bazar Police in Crime No. 126/2010 for the offence punishable under Section 394 of the I.P.C. 2. The submission of the petitioner’s counsel is that, though the complaint, in short, are that, when the complainant was returning from his shop carrying Rs.3,50,000/- in a coffee colour bag, some persons came from behind and hit him and took away the money bag. It is submitted that, as per the voluntary statement of A-i, the said accused had taken away the entire amount and spent part of it and the balance was recovered by the police and this itself shows that no recovery could have been effected from this petitioner. 3. Apart from the above, this court had granted bail to the accused, who is A-4, in Criminal Petition No. 10356/2011. Therefore, this petitioner also be released on bail. 4. The submission of the learned Government Pleader is that, this petitioner is also involved in the commission of crime and recovery was effected from this petitioner also and, therefore, referring to the objections filed, it is submitted that the petitioner is not entitled for bail as the police have recovered Rs. lO,OOO/ from him also. 5. Taking all the aforesaid submissions put forward and bail having been granted to A-4 earlier, this petitioner also can be released on bail by imposing conditions to safeguard the prosecution interest. 6. Hence, the following order is passed: The petition is allowed and the petitioner shall be released on bail on his executing a personal bond for Rs.25,000/- with two sureties for the like sum to the satisfaction of the tria’ court. He shall not tamper with the evidence and shall not give threat to the prosecution witnesses in any manner 4 He shall mark his attendance before the jurisdictional police station on every Wednesday and Saturday at any time between 10.00 a.m. and 5.00 p.m. He shall not involve himself in like offences in future. Sd! JUDGE ckc/