IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.7397/2019 BETWEEN:
Balappa Mallappa Konakeri, S/o Mallappa, Aged about 30 years, R/at Chikkaladini, Hukkeri Taluk, Belagavi District - 89 (By Sri.Pratheep.K.C, Advocate) AND:
…Petitioner The State of Karnataka Rep. by Sira Police Station, Tumkur District, Rep. by its State Public Prosecutor, High Court of Karnataka, Bengaluru – 560001. ... Respondent (By Sri.K.Nageshwarappa, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.459/2018 of Sira Police Station, Tumakuru for the offence punishable under Sections 143, 147, 342, 323, 324, 302, 504,149 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner who is the accused seeking to be enlarged on bail pursuant to his detention in connection with proceedings in Crime No.459/2018 with respect to the offences punishable under Sections 143, 147, 342, 323, 324, 302, 504, 149 of IPC 2. The case that is made out by the prosecution is that the complainant was a driver of the lorry bearing registration No.KA-22-C-5788 which belongs to accused No.1 and the lorry was driven to Chennai from Poona which was loaded with motorcycle rims. It is stated that in transit when the lorry has reached Sira at about 1.00 a.m. on 11.12.2018, lorry met with an accident and there was damage to the lorry. On hearing of the said accident, accused No.1 along with other accused is stated to have reached the spot and assaulted the deceased and caused physical harm. It is further stated that subsequently after lodging a complaint before the police, the accused together has stated to have assaulted the deceased. On the basis of the said complaint, FIR was registered. After investigation charge sheet has been filed. The petitioner is in custody since 14.12.2018.
3. On perusal of the charge sheet, copy of which is produced. It is noted that the imputations made against accused Nos.1, 2, 4 and 5 are identical and it is alleged that the aforesaid accused have together assaulted the deceased. It is noted that accused No.2 has been enlarged on bail in Crl.P.No.2557/2019, accused No.3 has been enlarged on bail in Crl.P.No.2307/2019, accused No.4 has been enlarged on bail as per the order in Crl.P.No.5979/2019 and accused No.5 has been enlarged on bail as per the order passed in Crl.P.No.301/2019.
4. In the light of the other accused against whom identical imputations has been made in the charge sheet without expressing as regards to the merits of the matter, petitioner is also entitled to be enlarged on bail on the principle of parity.
5. Accordingly, petition is allowed and petitioner is enlarged on bail in Crime No. 459/2018 with respect to the offences punishable under Sections 143, 147, 342, 323, 324, 302, 504, 149 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate with the expeditious disposal of the trial and shall not indulge in any criminal activities henceforth.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE NS