IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.846 OF 2019 BETWEEN:
MANJUNATHA M G @ MANJA @ JAGGWAR MANJA S/O LATE GURAPPA AGED ABOUT 25 YEARS R/AT MUTTHURAYANAGUDI PALYA BIDADI HOBLI RAMANAGARA TQ & DISTRICT-575212 ... PETITIONER (By Sri. DHANANJAY KUMAR, ADVOCATE) AND STATE OF KARNATAKA BY KUNIGAL POLICE REP BY SPP, HIGH COURT OF KARNATAKA BANGALORE-560001 (By Sri. HONNAPPA, HCGP) ... RESPONDENT THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.
NO.426/2017 (S.C.NO.31/18) OF KUNIGAL P.S., TUMAKURU FOR THE OFFENCE PUNISHALB UNDER SECTION 395 OF IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for respondent-State. Perused the records.
2. Petitioner is arraigned as accused No.1 in Cr.No.426/2017 which is later culminated into S.C.No. 31/2018 for the offence punishable under Section 395 of IPC.
3. Brief facts of the case are that on 10.08.2017, accused Nos. 1 to 4 with an intention to rob the complainant, who was proceeding on his Tata ACE goods vehicle bearing registration No. KA-06-C-4671, near Rangananatha Swamy temple cross between Bilidevalaya to Govindaiahnanpalya road, it is alleged that all the accused came in a Maruthi Swift Car bearing No. KA-04-A-5103, armed with choppers, intercepted the vehicle of the complainant and robbed Rs.1,12,000/- from him. During the course of investigation, police have recovered an amount of Rs.20,000/- at the instance of this petitioner; Rs.8,240/-, Rs.10,260/-, Rs.16,000/- and Rs.18,000 at the instance of Accused Nos. 2 to 5 respectively.
4. On the above said allegations, accused Nos. 2, 3 and 5 have already been released on bail by this Court in Crl.P. No.5646/2018, Crl.P.No.1047/2018 and Crl.P.No.7516/ 2017 respectively. The petitioner also stands on the same footing as that of the other accused. Therefore, on the basis of the above said facts and circumstances, the petitioner(accused No.1) is also entitled to be enlarged on bail on the ground of parity on the same conditions. Hence, the following:
ORDER The petition is allowed and the petitioner-accused No.1 is enlarged on bail in Crl.No.426/2017 of Respondent-Kunigal Police Station for the offence punishable under Section 395 of IPC subject to the following conditions:
i) The Petitioner shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees two lakhs only) with two sureties for the likesum to the satisfaction of the trial court.
ii) The petitioner shall not tamper with the prosecution evidence in any manner.
iii) The petitioner shall appear before the trial Court regularly.
iv) The petitioner shall mark his attendance twice in a month on any two Sunday of every month between 10 a.m. to 6 p.m. before the jurisdictional police for a period of three months.
v) The petitioner shall not indulge in similar type of criminal activities during the pendency of the trial. If he is indulged in similar type of criminal activities, the trial court is at liberty to cancel the bail.
Sd/- JUDGE Psg*