IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.6151 OF 2018 BETWEEN:
MR.JAYASIMHA.R SON OF SRI.RAJU AGED ABOUT 28 YEARS RESIDENT OF 212, 1ST MAIN 1ST CROSS, GOWRISHANKARA TEMPLE K.G.NAGAR, D.T.LAYOUT GAVIPOORAM EXTENSION BENGALURU – 560 019.
(BY SRI.BHARGAV N. ADV.,) AND:
THE STATE OF KARNATAKA ...PETITIONER THROUGH HANUMANTHANAGAR POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BENGALURU – 560 001.
...RESPONDENT (BY SRI.K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.31/2018 OF HANUMANTHANAGAR P.S., BANGALORE FOR THE OFFENCE P/U/S 399, 402 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is accused No.5 in Crime No.31/2018 of Hanumanthanagar Police Station, Bengaluru. The said case was registered against the petitioner and six others alleging that on 02.02.2018 at 6.15 a.m. near Gopal Krishna Road Junction, Bengaluru, armed with deadly weapons they were making preparation to commit dacoity. It was further alleged that the police apprehended accused Nos.1 to 3 and other accused escaped.
2. The petitioner is allegedly one amongst the escaped accused. This Court in Crl.P.Nos.1501/2018 c/w. 1937/2018 has granted bail to accused Nos.4 and 7. It is submitted that Sessions Court has granted bail to accused Nos.1 to 3. Under these circumstances, on the ground of parity, petitioner is entitled for grant of anticipatory bail.
3. Therefore, the petition is allowed. The petitioner/accused No.5 is granted anticipatory bail in Crime No.31/2018 of Hanumanthanagar Police Station. If he is arrested in the said case, he shall be released on bail, subject to the following conditions:
(i) He shall appear before the Investigating Officer within ten days from the date of receipt of copy of this order.
(ii) He shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the likesum to the satisfaction of the Investigating Officer/Magistrate for his appearance.
(iii) He shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial.
(iv) He shall not tamper the prosecution witnesses in any manner.
Sd/- JUDGE VMB