IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.269/2019 Between:
Magadam alias Maqdoom, S/o Rehaman Shariff, Aged about 34 years, R/at Kerekette Shanthinagar, Ward No.18, Tumkur Town, Tumkur District. … Petitioner (By Smt. Pramila Nesargi, Senior Counsel for Sri S.G. Muniswamy Gowda, Advocate) And:
State of Karnataka by Nelamangala Rural Police Represented by State Public Prosecutor, High Court Complex, Bangalore – 560 001. … Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C., praying to enlarge the petitioner on bail in Cr. No.313/2017 of Nelamangala Rural Police Station, Bengaluru District and in C.C. No.963/2018 on the file of Principal Civil Judge and J.M.F.C., Nelamangala for the offences p/u/s 395 and 411 of IPC.
This Criminal Petition coming on for orders this day, the Court, made the following:
ORDER Petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No.313/2017 for the offences punishable under Sections 395 and 411 of IPC.
2. The case of the prosecution is that a complaint was lodged by one Ganesh, driver of the lorry stating that while he was driving the lorry on 28.11.2017 when he had reached near a Dhaba on National Highway-4 at Nelamangala, a car overtook the lorry and prevented the lorry from proceeding further. It is stated that some persons got down and entered into the lorry cabin and insisted him to get down from the lorry and took him into the car. It is stated that the alleged strangers drove the lorry towards Bangalore. The complainant in the meanwhile managed to call the owner of the lorry and accordingly, the complaint was lodged, FIR is registered, investigation is complete and charge sheet has been filed. It is stated that the petitioner is in custody since 11.09.2018.
3. Learned Senior Counsel appearing on behalf of the petitioner submits that the allegations that are made against accused Nos.1 to 11 are similar in nature and that accused Nos. 3, 5, 6 and 7 have been enlarged on bail. Accordingly, on the principle of parity, petitioner is entitled to be enlarged on bail. It is further submitted that proof of offence is a matter for trial and that there are no criminal antecedents.
4. Taking note of the submission that there are no criminal antecedents and the said submission not having been controverted; noting that the allegations are similar in nature as regards all the accused and that accused Nos. 3, 5, 6 and 7 have been enlarged on bail, petitioner is also entitled to be enlarged on bail.
5. Accordingly, 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. 313/2017 for the offences punishable under Sections 395 and 411 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 indulge in any criminal activities of like nature (iv) The petitioner shall not tamper with evidence, influence in any way any witness.
(v) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(vi) 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.
Sd/- JUDGE VP