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 CRL.P. NO. 3812 OF 2019 BETWEEN MURULIKRISHNA @ KRISHNA S/O SOMASHEKHAR @ SOMU AGED ABOUT 24 YEARS RESIDENT OF 10A 11TH MAIN, 6TH CROSS MARUTHI NAGAR SANNAKKIBAYALU KAMAKSHIPALYA BANGALORE – 560 079.
... PETITIONER (BY SRI. KUMARA K.G. - ADVOCATE) AND STATE OF KARNATAKA BY KUNIGAL POLICE STATION KUNIGAL 572 130 TUMAKURU (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560001).
(BY SRI. HONNAPPA, HCGP) …. RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO. 416/2018 OF KUNIGAL POLICE STATION, TUMAKURU FOR THE OFFENCE P/U/S 395, 397, 120-B, 201 AND 109 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner (A1) and the learned HCGP for the respondent-State and perused the records.
2. The Petitioner (A1) is arraigned as accused No.1 in Crime No.416/2018 of Kunigal Police Station and subsequently, charge sheet has been filed in the said case and the same was registered in C.C.No.13/2019 on the file of Senior Civil Judge & JMFC, Kunigal for the offences punishable under Sections 395, 397, 120(B), 109 and 201 of IPC.
3. The brief factual matrix of the case are that, on 14.11.2018 at 6 p.m, near Kottagere, when the complainant by name Prakash was traveling in ‘Ganesh’ private bus from Kunigal to Tumakuru, all the accused persons quarreled with him under the guise that, the complainant is the husband of the sister of one of the accused and on the said false guise they dragged the complainant out of the said bus, and by spraying chilly powder on him, they robbed a sum of Rs.5,17,705/-, which was in possession of the complainant and also assaulted, threatened and stabbed the complainant by a knife.
4. On the basis of the above said allegations, some of the accused persons have already approached this Court, and particularly, in Crl.P.No.549/2019, accused No.9 was released on bail vide order dated 12.04.2019; accused Nos.6, 7 and 8 were also released on bail in Crl.P.No.164/2019 vide order dated 03.06.2019; accused No.5 was released on bail in Crl.P.No.9490/2018 vide order dated 11.03.2019 and further accused No.5 was released on bail in Crl.P.No.872/2019 vide order dated 11.06.2019.
5. The allegations made against all the accused persons are inseparable and virtually they were inter- twined. Therefore, when all the other accused persons, who stand on the same footing as that of the present petitioner, were already released on bail, on the ground of parity, the petitioner herein (accused No.1) is also entitled to be enlarged on bail, irrespective of the specific allegations made against him. Hence, the following order:
ORDER The Petition is allowed. Consequently, the petitioner (A1) shall be released on bail in connection with C.C.No.13/2019 (Crime No. 416/2018 of Kunigal P.S.), pending on the file of Senior Civil Judge & JMFC, Kunigal for the offences punishable under Sections 395, 397, 120(B), 109 and 201 of IPC, subject to the following conditions:
(i) The Petitioner (A1) shall execute his 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 Magistrate.
(ii) The Petitioner (A1) shall not indulge in tampering the prosecution witnesses.
(iii) The Petitioner (A1) shall appear before the jurisdictional court on all the future hearing dates unless exempted for any genuine reason, by the Court.
(iv) The Petitioner (A1) shall not leave the jurisdiction of the trial Court without prior permission till the case registered against him is disposed of.
Sd/- JUDGE KGR*