IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION No.8981/2018 BETWEEN:
Gunachandan @ Guna @ Bikla, S/o. Gunashekar, Aged about 21 years, R/at 29, 11th Cross, Kempanna Layout, Cholanayakanahalli, Hebbala, Benglauru-560 032. …Petitioner (By Sri. Manjunath B R, Advocate) AND:
State of Karnataka by Hebbala Police, Represented by State Public Prosecutor, High Court of Karnataka, Bengaluru-560 001. …Respondent (By Smt. B.G.Namitha Mahesh, HCGP) This Criminal Petition is filed under section 439 of Cr.P.C praying to enlarge the petitioner on bail in CR.No.200/2018 of Hebbala P.S., Bengaluru for the offence P/U/S 397 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The present petition has been filed by the petitioner accused No.1 under Section 439 of Cr.P.C to release him on bail in Crime No.200/2018 of Hebbal Police Station, J.C.Nagar Sub-Division, Bengaluru City for the offence punishable under Section 397 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
3. The gist of the complaint is that on 14.01.2018 at about 00:20 hours, when the complainant was proceeding in his autorikshaw near Sunrise Colony with his mother Shivamma, the accused waylaid them using Honda Deo Scooter, assaulted him on his face and robbed his mobile phone and sped away. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner that a false case has been registered against the petitioner. It is further submitted that already accused No.2 has been released on bail by this Court in Crl.P.No.8943/2018. On the ground of parity, the petitioner-accused is also entitled to be released on bail. The alleged offence is not punishable with death or imprisonment for life. Already the investigation has been completed and the charge sheet has been filed. He is ready to abide by the terms and conditions to be imposed by this Court and to offer sureties. On these grounds, he prayed to allow the petition and release the petitioner-accused on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that on the basis of the voluntary statement given by accused No.2, accused No.1 has been apprehended and a mobile phone has also been recovered from the possession of the accused along with Honda Deo Scooter which was used for commission of the offence. There is ample material as against the petitioner. If the accused-petitioner is enlarged on bail, he may abscond and he may not be available for trial. On these grounds she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and submission made by learned counsel for the petitioner and the High Court Government Pleader. Perused the records.
7. As could be seen from the contents of the complaint, the complaint has been given against unknown persons and subsequently, during the course of investigation, accused No.2 on suspicion was apprehended and on voluntary statement, the present accused-petitioner has also been apprehended. The records indicate that the mother of the complainant was a witness to the alleged incident but she has not been sighted as a witness and the said knife and scooter has been recovered and already the charge sheet has been filed and accused No.2 has been released on bail by this Court.
8. In the above case, on the ground of parity, the present petitioner is also entitled to be released on bail. Taking into consideration the above facts and circumstances of the case, the Criminal Petition is allowed. Petitioner-accused No.1 is ordered to be released on bail in Crime No. 200/2018 of Hebbal Police Station, J.C.Nagar Sub-Division, Bengaluru City for the offence punishable under Section 397 of IPC, subject to following conditions:-
1. The accused-petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall appear before the Court on all dates of hearing.
3. He shall not tamper with the prosecution evidence directly or indirectly.
4. He shall not indulge in similar type of criminal activities.
5. He shall mark his attendance once in 15 days in the said Police Station between 10:00 a.m to 5:00 p.m till the trial is concluded.
Sd/- JUDGE RB