IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.7979 OF 2018 BETWEEN:
Hemanth Kumar @ Putta S/o Late Hanumantha Raju Aged about 21 years R/at No.7, 5th Cross Pipeline Road, K.P.Agrahara Telecom Layout Cheluvappa Garden Bengaluru – 23 ... Petitioner (By Sri K.N.Narayana Swamy, Advocate) AND:
The State of Karnataka Kunigal Police Station Represented by State Public Prosecutor High Court of Karnataka Bengaluru – 560 001 ... Respondent (By Smt. Namitha Mahesh B.G., HCGP) This Criminal Petition is filed under section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Crime No.260/2018 of Kunigal Police Station, Tumakuru, for the offences punishable under Sections 395, 397, 489, 201 and 120B of IPC.
This criminal petition coming on for orders this day, the Court made the following:
ORDER Petitioner is accused No.2 in Crime No.260/2018 of Kunigal Police Station. The petitioner and 12 others were charge-sheeted in the said case for the offences punishable under Sections 395, 397, 489, 201 and 120B of IPC.
2. It is alleged that on 09.06.2018 at 09.45 pm, accused Nos.1 to 3 conspired to commit dacoity of cash of Sree Satya Shaniswaraswamy Temple which was being carried by CWs.1 to 3 in Car No.KA-06/P-2713. It is further alleged that the accused waylaid the car and sprayed pepper on CWs.1 to 3 and robbed Rs.13 lakhs.
3. The subject matter of the offence is already recovered. This Court in Criminal Petition Nos.5285/2018, 6383/2018, 4979/2018, 5618/2018, 6480/2018, 6530/2018, 6437/2018, 6610/2018 and 6675/2018 has already granted bail to the similarly placed co-accused. Under these circumstances, on the ground of parity, the petitioner is entitled for bail. Therefore, the petition is allowed.
Petitioner is granted bail in Crime No.260/2018 of Kunigal Police Station, Tumakuru District , subject to the following conditions:
1) He shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the like-sum to the satisfaction of the concerned Court for his appearance;
2) He shall appear before the Trial Court as and when required for the purpose of trial;
3) He shall not tamper the prosecution witnesses in any manner.
Sd/- JUDGE KMV*