Case Note & Summary
The petitioners, Prasanna and Jasman Monthero, were accused Nos. 1 and 2 in Crime No.45/2020 registered by Balehonnur Police, Chikkamagaluru, for offences punishable under Sections 454, 457 and 380 of the Indian Penal Code, 1860. The allegation was that they committed theft of two rifles and one air gun from the complainant's house between 3:00 pm on 06.05.2020 and 6:55 am on 07.05.2020. The information was given to the police on 07.05.2020 at about 10:30 am. The petitioners were arrested and in custody since 07.05.2020. They filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail. The petitioners' counsel argued that the charge sheet had been filed, the case was triable by a Magistrate, the petitioners were ready to abide by any conditions, their presence was no longer necessary for investigation, and they had no criminal antecedents. The learned High Court Government Pleader opposed the grant of bail. The court, after hearing both sides, observed that the charge sheet had been filed and the case was triable by a Magistrate. Considering that the petitioners were in custody since 07.05.2020 and had no criminal antecedents, the court found that further detention was not necessary. The court allowed the petition and granted bail to each petitioner on a bond of Rs.1,00,000 with two sureties, subject to conditions including not tampering with evidence, not leaving the jurisdiction without permission, and marking attendance before the jurisdictional police once a month until the trial concluded.
Headnote
A) Criminal Procedure - Bail - Section 439 CrPC - Grant of Bail - Petitioners accused of theft of two rifles and one air gun - They were in custody since 07.05.2020, charge sheet filed, case triable by Magistrate, no criminal antecedents - Court granted bail on conditions - Held that further detention is not necessary (Paras 2-5).
Issue of Consideration
Whether the petitioners, accused of theft of rifles and an air gun, are entitled to bail under Section 439 of the Code of Criminal Procedure, 1973.
Final Decision
Petition allowed. Each petitioner to be released on bail on executing a bond of Rs.1,00,000 with two sureties. Conditions: not to tamper with evidence, not to leave jurisdiction without permission, mark attendance before jurisdictional police once a month until trial concludes.
Law Points
- Bail under Section 439 CrPC
- No criminal antecedents
- Charge sheet filed
- Case triable by Magistrate
- No further need for custody
