IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.5536 OF 2019 BETWEEN:
KISHORE @ KISHORE KUMAR S/O.MUNIRAJU AGED ABOUT 22 YEARS R/AT.NO.13, 1ST CROSS, 1ST MAIN KADUBISANAHALLI, PANATHUR POST VARTHURU HOBLI BANGALORE – 560 103.
... PETITIONER (BY SRI.MANJUNATHA RAO LOKANDE .N, ADV.,) AND:
STATE BY MULBAGAL RURAL POLICE STATION REPRESENTED BY HIGH COURT OF KARNATAKA, BANGALORE.
(BY SRI.K.P.YOGANNA, HCGP) …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.108/2019 OF THE RESPONDENT – MULBAGAL RURAL POLICE STATION, KOLAR FOR THE OFFENCE P/U/S 399 AND 402 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. The respondent-police have registered a case in Crime No.108/2019 for the offences punishable under Sections 399 and 402 of IPC.
3. The brief allegations of the case are that the respondent – police received credible information that some people have gathered near NH-75 Road, Jammanahalli Gate, Mulabagal Taluk, Kolar, within the jurisdiction of the respondent – police. When the police went there, they found 7 persons who were holding the weapons in their hands and waiting to do something. Suspecting that those persons have joined there for the purpose of committing dacoity, the Police Sub Inspector went to the spot along with two panchas, but looking to the jeep the culprits started running. The complainant and his staff apprehended three culprits. On these allegations, the police have investigated the matter and found deadly weapons in their vehicles like iron rod, chopper and other things. The other accused persons namely, Pavan Kumar Abhishek who are arraigned as accused Nos.2 and 3, have already been released on bail by the Principal District and Sessions Judge, Kolar. Pertaining to this petitioner, the bail petition was dismissed by the learned Judge on the ground that there are many cases pending against this petitioner. When the trial Court found that there are no prima facie material insofar as other accused are concerned, merely, because other cases are also pending against this petitioner, that cannot be a ground to reject the bail petition of this petitioner. Therefore, in my opinion, petitioner is entitled to be enlarged on bail on the ground of parity. Hence, the following:-
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.108/2019 of Mulbagal Police Station registered against him for the offences punishable under Sections 399 and 402 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of.
Sd/- JUDGE VMB