IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JANUARY 2019 BEFORE THE HON'BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8772 OF 2018 BETWEEN:
N Rajappa S/o Ningappa Aged about 45 years Occ: Agriculturist R/at Kodihalli Village Davanagere Taluk & District: 577 535. …Petitioner (By Sri. Gopalakrishna Murthy C, Advocate) AND:
The State of Karnataka Hadadi P.S.
Rep. by SPP High Court Bengaluru-560 001. ...Respondent (By Sri. K P Yoganna, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioners on bail in the event of their arrest in Cr.No.218/2018 of Hadadi Police Station, Davanagere for the offences P/U/S 397, 114 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The petitioner is seeking anticipatory bail in Crime No.218/2018 of Hadadi Police Station of Davanagere Town. The said complaint was initially filed against one Roopa and six unknown persons for offences punishable under Sections 397 and 114 of IPC on the basis of the complaint of one G.N. Manjula.
2. It is alleged, on 20.10.2018 at 10.15 p.m. six persons barged into the house of the complainant situated in Kandagal, abused her in foul language and robbed cash of Rs.50,000/-, gold chains and ATM cards etc. It is further alleged that the complainant was criminally intimidated stating that she should not trouble her colleague Roopa.
3. Subsequently, the petitioner is arraigned in the case as accused No.5. This Court in Crl.P.No.8692/2018 c/w Crl.P.No.8605/2018 has granted bail and anticipatory bail to accused Nos.1 to 4 considering the merits of the case. The petitioner stands on same pedestal and therefore principle of parity applies.
5. Therefore the petition is allowed. Petitioner is granted anticipatory bail in Crime No.218/2018 of Hadadi Police Station of Davanagere Town, subject to following conditions:-
i)He shall appear before the Investigating Officer within ten days from date of receipt of copy of this order;
ii)He shall execute personal bond in a sum of Rs.25,000/- and furnish one surety in the likesum to the satisfaction of the Investigating Officer/Court for his appearance.
iii)He shall appear before Investigating Officer/Court as and when required for the purpose of investigation/trial;
iv)He shall not tamper the prosecution witnesses by threats, inducement or otherwise.
Sd/- JUDGE *alb/-.