Case Note & Summary
The petitioners, Shivadasa H.P. @ Dasa and Gowtham, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in Crime No. 181/2019 registered at Gandasi Police Station, Hassan, for offences punishable under Sections 395 and 397 of the Indian Penal Code, 1860. The complaint alleged that on 28.12.2019, the complainant-driver Venkatesh, along with the vehicle owner Arun Kumar, Gangadhar, and Siddegowda, were traveling in a Canter Lorry bearing No. KA54 318. At about 11:30 pm, near Venkatapur Kaval Gate, they stopped the lorry near Adihanumantharaya Temple. The petitioners were accused of committing dacoity with deadly weapons. The investigation was completed and a charge sheet was filed against the petitioners and other accused, with the petitioners shown as accused Nos. 3 and 4. The learned High Court Government Pleader did not furnish any details of pending cases against the petitioners. The court heard the learned counsel for the petitioners and the learned High Court Government Pleader. Considering that the investigation was completed and the charge sheet was laid, and that the prosecution did not provide any details of criminal antecedents, the court found no grounds to detain the petitioners further. The court allowed the petition and granted bail to the petitioners on certain conditions.
Headnote
A) Criminal Procedure - Bail - Section 439 CrPC - Dacoity - Petitioners accused of dacoity with deadly weapons - Investigation completed and charge sheet filed - No criminal antecedents shown by prosecution - Held that petitioners are entitled to bail as no grounds for detention exist (Paras 1-4).
Issue of Consideration
Whether the petitioners, accused of dacoity under Sections 395 and 397 IPC, are entitled to bail under Section 439 CrPC.
Final Decision
Petition allowed. Petitioners shall be enlarged on bail on executing a personal bond for Rs. 1,00,000/- with one surety for the like sum to the satisfaction of the trial court. They shall appear before the court on all dates of hearing and shall not tamper with prosecution witnesses.
Law Points
- Bail
- Section 439 CrPC
- Dacoity
- Completed Investigation
- No Criminal Antecedents
