IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.1088 OF 2019 BETWEEN:
MURUGA S/O GANESHA AGED ABOUT 20 YEARS RESIDING AT RAJEEV NAGAR PATTEGARAPALYA 10TH MAIN, NEAR ASHWATHAKATTE BALEYYANAKERE BENGALURU – 560 072 ...PETITIONER (BY SRI H.N.RAMESHA, ADVOCATE) AND:
THE STATE OF KARNATAKA BY SOLADEVANAHALLI P.S. REPRESENTED BY SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001 …RESPONDENT (BY SRI HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.96/2018 (S.C.NO.220/2018) OF SOLADEVANAHALLI POLICE STATION, BENGALURU, PENDING ON THE FILE OF IX ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU FOR THE OFFENCES P/U/Ss.143, 144, 147, 364(A), 148, 397 R/W. 149 OF IPC. THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU HAS REJECTED THE BAIL PETITION ON 03.09.2018 IN S.C.NO.220/2018.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The present petition has been filed by the petitioner/accused No.5 under Section 439 of Cr.P.C. seeking his release on bail in Crime No.96/2018 of Soladevanahali Police Station for the offences punishable under Sections 143, 144, 147, 364A, 148, 397 read with Section 149 of IPC.
2. I have heard the learned counsel for the petitioner/accused No.5, learned High Court Government Pleader for respondent-State and and perused the records.
3. It is seen from the records that the allegations made against the petitioner and other accused persons are that, during the intervening night of 06/07-04-2018 at about 12-40 a.m, all the accused persons including this petitioner accompanied CW.1- Srinivasa in Qualis vehicle bearing registration No.KA- 03-B-7241 and took him near Yadiyur; they assaulted him with clubs, rods and by threatening him with the point of a knife robbed `45,000/- by using the ATM card. They also snatched Pan Card, ATM Card, Driving Licence and R.C. Card of the complainant. On the said allegations, a case was registered against the accused persons in Crime No.96/2018 by the respondent- police.
4. On the same allegations, this Court by exercising its discretion enlarged accused No.4 in Crl.P.No.7461/2018 vide order dated 21.01.2019 and accused No.6 in Crl.P.No.7291/2018 vide order dated 07.12.2018. It is mentioned in the said order dated 07.12.2018 that the accused No.7 was already released on bail by the Sessions Court itself. The allegations against the accused persons are intertwined and same allegations are there against all accused persons. Under the above said circumstances, on the ground of parity, this petitioner/accused No.5 is also entitled to be enlarged on bail.
5. Petitioner/accused No.5 is enlarged on bail in Crime No.96/2018 of Soladevanahali Police Station for the offences punishable under 143, 144, 147, 364A, 148, 397 read with Section 149 of IPC, subject to the following conditions:
1. Petitioner/accused No.5 shall execute a personal bond for a sum of `1,00,000/- (Rupees one lakh only) with two sureties for the likesum to the satisfaction of the Trial Court.
2. He shall not tamper with the prosecution evidence in any manner.
3. He shall not indulge himself in any other criminal activity during the trial.
4. He shall attend the Trial Court regularly till the completion of trial.
Sd/-
JUDGE cp*