IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION No. 9195/2018 BETWEEN:
Pradeep S/o Dyavegowda Aged about 31 years, R/at Harihara Village, K.R.Pet Taluk, Mandya District-571 415.
(In Judicial Custody) …Petitioner (By Sri Santosh S. Nagarale, Advocate for Sri Bhimanna, Advocate) AND:
State of Karnataka by Hassan City Police Station, Hassan District-573 201.
Rep. by Government Pleader High Court of Karnataka, Bengaluru-560 001. …Respondent (By Sri K. P. Yoganna, HCGP) This Criminal Petition is filed under section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime.No.357/2018 of Hassan City Police Station, Hassan District for the offence punishable under Section 395 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.1 under Section 439 of Cr.P.C to release him on regular bail in Crime No.357/2018 of Hassan City Police Station for the offence punishable under Section 395 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
3. The gist of the complaint is that on 11.08.2018 at about 5.15 a.m., the complainant was relaxing in his car near Devarayapatna junction on Hassan Bypass road. At that time, six unknown persons came and assaulted him and robbed his car and fled away from the place. On the basis of the said complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner that the petitioner is innocent and he was not involved in the alleged crime. The complaint does not disclose the name of the petitioner-accused. He further submitted that there is no specific overt acts stated as against the petitioner-accused No.1. Even on the ground of parity, the petitioner-accused is entitled to be released on bail. The petitioner-accused is ready to abide by any of the terms and conditions that may be imposed by this Court and also ready to offer surety. On these grounds, he prayed to allow the petition and to release the petitioner-accused on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that there is ample material to show that the petitioner-accused, along with other accused persons, is involved in the alleged crime. He further submitted that if the petitioner-accused is released on bail, he may abscond and he may not be available for the trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other materials which has been produced and the submissions made by the learned counsel appearing for the parties and perused the records.
7. A close reading of the complaint and the order passed by this Court in Criminal Petition Nos.8305/2018 dated 13.12.2018 and 9341/2018 17.01.2019 indicates under the similar facts and circumstances, the remaining accused persons have already been released on bail by this Court. The same facts and circumstances are also applicable to the present petitioner-accused No.1. On the ground of parity, the petitioner-accused is entitled to be released on bail. Hence, the petition is allowed and petitioner-accused No.1 is ordered to be released on bail in the event of his arrest in Crime No. 357/2018 of Hassan City Police Station for the offence punishable under Section 395 of IPC, subject to following conditions:
1. The petitioner-accused shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the Investigating Agency.
2. He shall not tamper with the prosecution evidence directly or indirectly.
3. He shall be regular in attending the Court as and when required for trial.
4. He shall not involve in any criminal cases during the pendency of the trial.
Sd/- JUDGE HA/-