—1— IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 21ST DAY OF MARCH, 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRL.P.NO. 10356/2011 Between: Sri.Chetan S/o.Srikat Badigair, Age 29 years, 0cc.: Business, R/o.Wahwade Road, Tq. & Dist.: Belgaum. Petitioner (By Sri. Srinand A. Pachhapure, Advocate) And: State of Karnataka, Through Khade Bazar Police Station, Now Rep. by SPP. Respondent (By Sri.Anandkumar K.Navalgimath, HCGP) This criminal petition is filed u/S.439 of Cr.P.C. seeking to grant bail to the petitioners in Crime No.126/2011 registered for the offence P/U/S 394 of IPC by the respondent Khade Bazar Police. This petition coming on for orders this day, the Court made the following: ORDER Heard the petitioner’s counsel and the learned High Court Government Pleader for the respondent State in respect -2- of the bail sought by the petitioner who is the one of the accused persons against whom the case is registered for the offence under Section 394 of IPC. 2. The prosecution case in short is that, the complainant who was running M/s.Utility Traders, H.P.Gas, was returning from his shop carrying 3,5O,OOO/- in a coffee colour bag and when he entered his house, some persons came from behind and assaulted him and took away the money bag. The persons who assaulted the complainant are said to be the accused No.1 and other accused persons. Thereafterwards accused No. 1 met this petitioner who was standing in Deshpande Galli at Belgaum and from this petitioner also police recovered 4O,OOO/-. 3. Having taken note of the prosecution casebove and the presence of the petitioner when the incident occurred near the house of the complainant not being spoken to by the prosecution and based on the voluntary statement of accused No.1 this petitioner having been tb one of the accused persor, taking note of these factors into account and no more -3- recovery being effected from this petitioner, in my view petitioner can be released on bail by imposing conditions. 4. In the result petitioner can be released on bail, subject to the following conditions: i) The petitioner shall be released on bail by executing a personal bond for Rs.25,000/- with two sureties for the likesum to the satisfaction of the trial court. ii) He shall not tamper with the evidence and shall not give threat to the prosecution witnesses in any manner. iii) He shall mark attendance before the jurisdictional police station on every Wednesday and Saturday between 10.00 a.m and 5.00 p.m. iv) He shall not involve himself in like offences in future. Sd/ JUDGE Vnp *