IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.3440/2019 BETWEEN:
Kalandar @ Kalandar Nisar @ Mohammad Nisar, S/o Ibrahim .T, Aged about 27 years, R/at Panolibail House, Sajipamunnoor Village, Bantwal Taluk, D.K. District – 574 222. ... Petitioner (By Sri.B. Lethif, Advocate) AND:
The State of Karnataka By Bantwal Town Police Station, D.K. District, Rep. by SPP, High Court Building, Bangalore – 560 001. ... Respondent (By Sri. S. Rachaiah, HCGP) This Criminal Petition is filed under Section 439 of the Code of Criminal Procedure, praying to enlarge the petitioner on bail in Cr.No.176/2017 of Bantwal Town P.S., D.K. District, for the offences punishable under Sections 143, 147, 153(A), 448, 302, 120(B), 201, 212 r/w 149 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No.176/2017 with respect to offences punishable under Sections 143, 147, 153(A), 448, 302, 120(B), 201, 212 r/w 149 of IPC.
2. The case of the prosecution is that complaint was filed by one Pravin on 04.07.2017 with respect to commission of offences as stated above. The case as made out in the complaint is that the complainant was running the business in the name and style of B.B.General Store. It is stated that adjacent to the complainant’s shop, there is a Laundry shop, which belongs to one Thaniyappa and his son Sharath Kumar. It is alleged that the complainant and Sharath Kumar were close to each other. On 04.07.2017, Sharath Kumar had opened the shop and his father had left the shop at 8.45 p.m. and the labourers had also left the shop. At about 9.30 p.m., when the complainant was in his shop, he heard the noise of some persons coming and stopping their bike and he came out from the shop and found a person crossing the divider and running away towards B.C. Road Bye-pass and also saw two other persons running away. The complainant went into the shop and found that Sharath Kumar was lying in a pool of blood. The said Sharath Kumar succumbed to injuries and died. On the basis of complaint, FIR is lodged, investigation is complete and charge sheet is filed.
3. The learned counsel for petitioner states that as per the case made out in the charge sheet, imputations as regards overt acts are made against accused nos.1 and 2. It is further stated that by a detailed order, this court has enlarged accused no.1 on bail by order dated 22.06.2018 in Crl.P No.2516/2018. It is submitted that the petitioner (accused no.2) stands on the same footing as that of accused no.1 and is entitled to be enlarged on bail on the principle of parity.
4. Taking note of the fact that accused no.1 has been enlarged on bail by order dated 22.06.2018 in Crl.P 2516/2018, wherein the court has considered the case as made out against the accused no.1 also observing that the imputations against accused nos.1 and 2 being similar, in the light of the said order in Crl.P.No.2516/2018 and observations made therein, petitioner is entitled to be enlarged on bail on the principle of parity.
5. In the result, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C., is allowed and the petitioner is enlarged on bail in Crime No.176/2017 with respect to offences punishable under Sections 143, 147, 153(A), 448, 302, 120(B), 201, 212 r/w 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 for the expeditious disposal of the trial.
(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.
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JUDGE