IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.1130 OF 2019 c/w.
CRIMINAL PETITION No.3236 OF 2019 IN CRL.P.NO.1130/2019:
BETWEEN:
KIRANKUMAR J S/O JAYARANGAIAH AGED ABOUT 21 YEARS RESIDING AT #387, 2ND CROSS 3RD MAIN,KAMALANAGARA BENGALURU-560 079 ...PETITIONER (BY SRI. D.MOHAN KUMAR, ADVOCATE) AND:
STATE BY KUNIGAL POLICE STATION REPRESENTED BY SPP HIGH COURT COMPLEX BENGALURU-560 001 …RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.416/2018 OF KUNIGAL POLICE STATION, TUMAKURU DISTRICT FOR THE OFFENCES P/U/Ss.394, 395 AND 397 OF IPC. THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, TUMAKURU HAS REJECTED THE BAIL PETITION ON 17.12.2018 IN CRL.MISC.NO.1220/2018.
IN CRL.P.NO.3236/2019:
BETWEEN:
AKSHAY @ KARIYA S/O RAJU G AGED ABOUT 19 YEARS RESIDING AT DASANAPURA YADIYOR PRESENT ADDRESS #99, 2ND CROSS 3RD MAIN, KAMALANAGARA BENGALURU-560 079 ...PETITIONER (BY SRI.D. MOHAN KUMAR, ADVOCATE) AND:
STATE BY KUNIGAL POLICE REPRESENTED BY SPP HIGH COURT COMPLEX BENGALURU-560 001 …RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITONER ON BAIL IN CR.NO.416/2018 OF KUNIGAL POLICE STATION, TUMAKURU FOR THE OFFENCES P/U/Ss.395, 397, 120-B, 109 AND 201 OF IPC. THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, TUMAKURU HAS REJECTED THE BAIL PETITION ON 02.04.2019 IN CRL.MISC.NO.279/2019.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard learned counsel for the petitioners, learned HCGP for the respondent-State and perused the records.
2. Petitioner in Crl.P.No.3236/2019 and Petitioner in Crl.P.No.1130/2019 are respectively arraigned as accused Nos.2 and 4 in Crime No.416/2018 of Kunigal Police Station. It is later after conclusion; charge sheet has been filed in C.C.No.13/2019 pending on the file of Senior Civil Judge & JMFC, Kunigal for the offences punishable under Sections 396, 397, 120(B), 109 and 201 of IPC.
3. The brief factual matrix of the case are that on 14.11.2018 at 6 p.m, near Kottagere, when the complainant by name Prakash was traveling in a private Ganesh bus from Kunigal to Tumakuru; all the accused persons quarreled with him under the guise that, the complainant is the husband of the sister of one of the accused and on the said false guise they dragged the complainant out of the said bus and robbed a sum of `5,17,705/-, which was with the complainant by spraying chilly powder on him; also assauted, threatened and stabbed the complainant by knife.
4. On the basis of the above said allegations some of the accused persons have already approached this Court particularly, in Crl.P.No.549/2019, accused No.9 was released on bail vide orders dated 12.04.2019; accused Nos.6, 7 and 8 were also released on bail in Crl.P.No.164/2019 vide orders dated 03.06.2019; accused No.5 was released on bail in Crl.P.No.9490/2018 vide orders dated 11.03.2019 and further accused No.5 was released on bail in Crl.P.No.872/2019 vide orders dated 11.06.2019.
5. The allegations made against all the accused persons are inseparable and virtually they were intertwined. Therefore, when all the other accused persons were also released on bail. On the ground of parity, the petitioners (accused Nos.2 and 4) also entitled to be enlarged on bail irrespective of the specific allegations made against them.
6. Under the above said circumstances, the petitioners are also entitled to be enlarged on bail. Hence, the following order:
The Petitions are allowed. Consequently, the petitioners (accused Nos.2 and 4) shall be released on bail in connection with C.C.No.13/2019 pending on the file of Senior Civil Judge & JMFC, Kunigal for the offences punishable under Sections 396, 397, 120(B), 109 and 201 of IPC, subject to the following conditions:
(i) Petitioners shall execute their personal bond for a sum of `50,000/-(Rupees Fifty Thousand only) each with one surety for the like-sum to the satisfaction of the jurisdictional Magistrate.
(ii) Petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
(iii) Petitioners shall appear before the jurisdictional court on all the future hearing dates unless exempted for any genuine reason, by the Court.
(iv) Petitioners shall not leave the jurisdiction of the trial Court without prior permission till the case registered against them is disposed of.
Sd/-
JUDGE cp*