IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR.JUSTICE BUDIHAL R.B.
CRL. P. NO. 7215/2017 BETWEEN 1. KISHAN @ DUBAI KISHAN @ MAHARAJ S/O LATE PRAVEEN BAI, AGED ABOUT 42 YEARS, R/AT MOTERA VILLAGE, BECHARAJI TALUK, MEHASANA DISTRICT GUJARATH STATE-384210.
2. CHANDRESH @ CB @ CHANDRESH BARAT S/O LATE BAGIRATH BAI, AGED ABOUT 33 YEARS, R/AT HARGAVANAPURA, BECHARAJU TOWN, BECHARAJI TALUK, MEHASANA DISTRICT, GUJRATH STATE-384210. ... PETITIONERS (BY SRI. RAVIKUMARA B R, ADV.) AND 1. STATE BY AMRUTHUR PS REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING-560001. ... RESPONDENT (BY SRI. K.NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S.439 CR.P.C BY THE ADVOCATE FOR THE PETITIONERS PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.17/2017 OF AMRUTHUR POLICE STATION, TUMAKURU FOR THE OFFENCE P/U/S 395 AND 365 OF IPC.
THIS CRL.P COMING ON FOR ‘ORDERS’, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER This petition by the petitioners-Accused No.4 and 7 filed under Section 439 of the Criminal Procedure Code seeking to release the petitioners on bail for the alleged offences punishable under Section 395 and 365 of the Indian Penal Code registered in Crime No.17/2017.
2. Brief facts of the prosecution case is that;
The complainant sent his friend by entrusting Rs.22,00,000/- to him for the purpose of purchasing the areca nut as he was doing the business of areca nut at Gujarat and through the friend who carried the cash as per the complaint version, he telephoned to the complainant stating that he has been robbed when the bus was stopped to have a tea. Two persons came, took him and thereafter wards other three persons sitting in the car also joined. They all robbed the amount of Rs.22,00,000/-. On the basis of said information furnished by the concerned, the complainant lodged the complaint.
3. Heard the arguments of the learned counsel for the petitioners and also the learned High Court Government Pleader for the respondent-State. I have perused the grounds urged in the bail petition, FIR, Complaint and other materials produced in the case. The learned counsel during the course of reading of the petition produced the copies of the bail order dated 31.07.2017 passed in Crl. P. 5094/2017 in respect of accused No.2. Another bail order dated 07.09 2017 passed by this court in Crl. P. No.7114/2017 in respect of accused No.1 and 3. This court has already considered the entire merits of the case even the contention of the learned counsel for the respondent- State regarding the recovery of some amount from
4. Looking to the allegations made in the complaint, similar set of allegations are also against the other accused. Therefore, even on the ground of parity, the present petitioners are entitled to be granted a bail.
5. Now the investigation of the case is completed and the charge sheet is also filed, the petitioners contended that there is a false implication, they are innocent of the alleged offences and can be released on bail by imposing any reasonable condition by this court.
Hence, the petition is allowed. The petitioners No.4 and 7 are ordered to be released on bail, subject to the following conditions:
i) Petitioners have to execute a personal bond for Rs.1,00,000/- [Rupees One Lakh only] each and have to furnish one solvent surety for the likesum each to the satisfaction of the concerned Court.
ii) Petitioners shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii) Petitioners have to appear before the concerned Court regularly.
CT-HR Chs* Sd/- JUDGE