Case Note & Summary
The petitioner, Sachin, was accused No.19 in Crime No.8/2020 registered by Jayapura Police Station, Chikkamagaluru District, for offences punishable under Sections 395 (dacoity), 450 (lurking house trespass), and 506 (criminal intimidation) of the Indian Penal Code, 1860. The complaint was initially filed against unknown persons, and the petitioner was shown as accused No.13 in the remand application. It was alleged that the petitioner along with accused Nos.1 to 18 and 20 conspired to commit dacoity at the house of CW.1 in Guddethota village, Koppa Taluk, and made an unsuccessful attempt in November 2019. Subsequently, on 07.03.2020, between 00.30 hours and 2 a.m., accused Nos.1 to 17, armed with iron rods, swords, and choppers, committed lurking house trespass into the house of CW.1, wrongfully confined CW.1 and his wife, and committed dacoity. The petitioner filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking bail. The High Court of Karnataka at Bengaluru, presided over by Justice K.S. Mudagal, considered the petition. The court noted that the charge sheet had already been filed and that the petitioner had no criminal antecedents. The court also observed that the petitioner was shown as accused No.19 in the charge sheet. The court held that in the absence of criminal antecedents and since the investigation was complete, the petitioner was entitled to bail. The court allowed the petition and granted bail to the petitioner subject to certain conditions, including executing a personal bond of Rs.1,00,000 with one surety, appearing before the court regularly, not tampering with evidence, and not leaving the jurisdiction without prior permission.
Headnote
A) Criminal Procedure Code - Bail - Section 439 CrPC - Dacoity - Petitioner was accused No.19 in Crime No.8/2020 for offences under Sections 395, 450, 506 IPC - Allegations of conspiracy and commission of dacoity with 19 other accused - Petitioner had no criminal antecedents and charge sheet was already filed - Court granted bail on conditions - Held that bail can be granted when there are no criminal antecedents and investigation is complete (Paras 1-4).
Issue of Consideration
Whether the petitioner, accused No.19 in a dacoity case, should be granted bail under Section 439 of the Code of Criminal Procedure, 1973.
Final Decision
Petition allowed. Petitioner granted bail subject to conditions: executing personal bond of Rs.1,00,000 with one surety, appearing before court regularly, not tampering with evidence, not leaving jurisdiction without permission.
Law Points
- Bail under Section 439 CrPC
- Dacoity
- Lurking house trespass
- Criminal antecedents
- Charge sheet filed
- No criminal antecedents
- Discretionary bail
