IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18th DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.5303/2018 BETWEEN :
Harish Naik @ Khadak Harisha S/o Manjunatha Aged about 24 years Residing at Vijaya Nagara Huliyar Hobli at Post C.N. Halli Taluk Tumakuru District-572 214 … Petitioner (By Sri Prathap Kumar M.S., Advocate for Sri. K. Lakshmikanth, Advocate) AND :
State of Karnataka by Huliyar Police Station Represented by its Public Prosecutor High Court Building Bangalore-560 001 … Respondent (By Sri M.Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Cr.No.147/2017 (C.C.No.137/2018) of Huliyar Police Station, Tumakuru, for the offence punishable under Section 397 r/w. Section 34 of Indian Penal Code.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by accused No.1 under Section 439 of Cr.P.C. praying to release him on bail in Crime No.147/2017 of Huliyar Police Station for the offence punishable under Section 397 r/w. Section 34 of IPC.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. The gist of the complaint is that petitioner- accused No.1 along with accused No.2 committed robbery in the house of the complainant on 2.12.2017 in the midnight and robbed gold ornaments worth Rs.2,00,000/- and also cash. On the basis of the complaint, a case has been registered. During the course of investigation petitioner came to be apprehended and on the basis of the voluntary statement, the gold ornaments have been recovered from his possession.
4. It is the submission of the learned counsel for the petitioner-accused No.1 that this Court in Criminal Petition No.3824/2018 disposed of on 25.6.2018 has released accused No.2 on bail and hence on the ground of parity, the petitioner is also entitled to be released on bail. It is his further contention that the alleged offences are not punishable with death or imprisonment for life and the charge sheet has already been filed. Though it is contended by the learned HCGP that the accused have been identified in test identification parade and recovery has also been done, under the similar facts and circumstances this Court has already released accused No.2 on bail, on the ground of parity, the petitioner is also entitled to be released on bail.
In that light, petition is allowed. Accused No.1- petitioner herein is enlarged on bail in Crime No.147/2017 of Huliyar Police Station for the offence punishable under Section 397 r/w. Section 34 of IPC, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two Lakhs only) with two sureties for the like sum to the satisfaction of the trial Court.
ii) He shall be regular in attending the trial till the trial is concluded.
iii) He shall not tamper with the prosecution evidence directly or indirectly.
iv) He shall not indulge in similar type of criminal activities.
v) He shall not leave the jurisdiction of the trial Court without prior permission.
vi) He shall mark his attendance before the jurisdictional police on 1st of every month till the trial is concluded.
Sd/- JUDGE *ck/-