IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION No.6145/2018 BETWEEN:
Papa @ Ravikumara.H.K S/o Krishnaiah, Aged about 31 years, R/at Huchchanakoppalu Village, Kasaba Hobli, Holenarasipura Taluk, Hassan District-573 220. …Petitioner (By Sri Rahul Rai.K, Advocate) AND:
The State of Karnataka Through Holenarasipura Police Station, Hassan District, Rept. By its State Public Prosecutor, High Court Building, Bengaluru-560 001. .…Respondent (By Sri M. Divakar Maddur, HCGP) This Criminal Petition is filed under section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in Crime No.248/2015 of Holenarasipura Town Police Station, Hassan for the offence P/U/S 323 and 307 R/W 34 of IPC.
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.2 under Section 438 of Cr.P.C to release him on anticipatory bail in Crime No.248/2015 of Holenarasipura Town Police Station, Hassan for the offences punishable under Sections 323 and 307 read with Section 34 of IPC.
2. I have heard the learned counsel for the petitioner-accused No.2 and the learned High Court Government Pleader for respondent-State.
3. It is the submission of the learned counsel for the petitioner-accused No.2 that already accused No.1 against whom serious allegations have been made, has been released on bail. On the ground of parity, accused No.2 is also entitled to be released on bail. He further submitted that the charge sheet has been filed and petitioner-accused No.2 is not required for further investigation or interrogation. He further submitted that there are no serious allegations against the petitioner- accused No.2. The petitioner-accused No.2 is ready to abide by any of the terms and conditions that may be imposed by this Court and also ready to offer sureties, if he is released on bail. On these grounds, he prayed to allow the petition and to release petitioner-accused No.2 on bail.
4. Per contra, learned High Court Government Pleader vehemently argued and submitted that earlier, petitioner-accused No.2 approached this Court for grant of bail, but the said petition came to be dismissed holding that the petitioner-accused no.2 had not complied with the conditions imposed by the trial Court. While granting the anticipatory bail, which is an admitted fact that, petitioner-accused No.2 has not complied the conditions of the trial Court. Hence, there are no change of circumstances to release the petitioner-accused No.2 on bail. On these grounds, he prayed to dismiss the petition.
5. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
6. As rightly pointed out by the learned High Court Government Pleader, petitioner-accused No.2 has approached this Court in Crl.P.No.10206/2017 and the said petition came to be rejected by order dated 16.01.2018, and therein it has been observed that the petitioner-accused No.2 has not complied with the conditions imposed while granting the anticipatory bail and therefore, when already the aforesaid aspects have been considered and appreciated by this Court, I also feel that there are no good grounds or change of circumstances to entertain the bail application, to release the petitioner-accused No.2 on bail.
7. In that light of the discussions held by me above, the petition stands dismissed. However, if the petitioner-accused No.2 surrenders before the court below and apply for a regular bail, the trial Court by keeping in view that already accused No.1 has been released on bail and in view of principles of parity, the bail application may be considered and decided expeditiously on merits of the case.
Sd/- JUDGE HA/-