IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.7295/2019 BETWEEN:
Maya Krishna @ Manga S/o Late Arjuna, Aged about 27 years, Residing at No.63, Rajarajeshwari slum (MGR), Jopsdy, Shakambari Nagar, Opp Banashankari temple, Kankapura Main Road, Bengaluru-560 059.
…Petitioner (By Sri. C.N. Raju, Advocate) AND:
State by Dharmastala Police Station, Mangaluru, Represented by SPP, High Court of Karnataka, Bengaluru-560 001.
... Respondent (By Sri. Rohith B.J., HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.65/2017 of Dharmasthala Police Station, D.K., for the offence punishable under Section 397, 395 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R Heard learned counsel for the petitioner and learned HCGP for the respondent-State. Perused the records.
2. The petitioner is arraigned as accused No.1 in Cr.No.65/2017 of Dharmasthala Police Station, D.K., for the offence punishable under Section 397, 395 of IPC.
3. The brief facts of the case are that on 08.04.2017, the complainant was proceeding in his lorry bearing Reg.No.KA-40-A-2076 towards Udupi from Gowribidanuru Tonde Bhavi, when he reached near Rekya village at about 10.15 p.m., the complainant stopped the vehicle in order to attend first nature call, at that time, a car bearing Reg. No.KA-02-AE-0022 came from back side and five persons got down from the car and 3 persons entered into the lorry and two persons also entered into the lorry from the right side. Among them, one person asked him to give his valuables showing knife to the complainant and assaulted the complainant on his left elbow and caused injuries to him and robed Rs.17,000/- cash from the complainant and snatched the lorry key and went away.
4. On these allegations, the police have registered the case and laid charge sheet against the accused persons. The common allegations are made against all the accused persons. After analyzing the entire charge sheet papers, learned VI Additional District and Sessions Judge, D.K. Mangaluru enlarged the accused Nos. 2 and 5 on bail in Crl.Misc.No.37/2018 vide orders dated 23.01.2018. In the said order it is mentioned that accused Nos.3 and 4 have already been enlarged on bail by the learned Magistrate on 14.11.2017 in pursuance of the order passed by this Court in Crl.P.No.5956/2017.
5. Looking to the above said facts and circumstances of the case, the petitioner stands on the same footing as that of other accused persons as common allegations are made against all the accused persons. Therefore, in my opinion, the petitioner is also entitled to be enlarged on bail on the ground of parity. Hence, the following:
O R D E R The Petition is allowed. Consequently, the petitioner/accused No.1 shall be released on bail in Cr.No.65/2017 of Dharmasthala Police Station, D.K., subject to the following conditions:
i. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh 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 the 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 JS/-