IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR WRIT PETITION No.52430 OF 2018 (GM-RES) BETWEEN:
PRAMOD. K.M S/O SRI. MACHAIAH AGED ABOUT 29 YEARS R/A NO 109, 1ST FLOOR CITRINO APARTMENT KODI CHIKKANAHALLI MAIN ROAD BOMMANAHALLI, BANGALORE-560 068 ... PETITIONER (BY SHRI. ANEES ALI KHAN, ADVOCATE) AND:
STATE BY YELAHANKA POLICE STATION BANGALORE-560 064 REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDINGS BANGALORE-560 001 ... RESPONDENT (BY SHRI. S. RACHAIAH, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED: 12.5.2017 PASSED IN I.A.NO.V BY THE LEARNED CITY CIVIL AND SESSIONS JUDGE (CCH-1) AT BENGALURU IN CR.NO.58/2017 (SPL.C.C.NO.414/17) OF YELAHANKA P.S., VIDE ANNEXURE-F AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard.
2. Shri Anees Ali Khan, learned advocate for the petitioner submits that the petitioner is accused No.18 in Crime No.58/2017. He was arrested on 05.03.2017. He filed an application under Section 167(2) Cr.P.C. on 09.05.2017 seeking statutory bail as 60 days had elapsed as on the date of filing of application and police had not filed the charge sheet. He further submits that this Court in Mohan Kumar @ Double Meter Mohan Vs. The State (W.P.No.36563/2018 decided on 31.10.2018), filed by accused No.1, 2 and 12 has allowed the petition and granted bail. He further submits that facts of this case and facts in W.P.No.36563/2018 are identical and accordingly, prays for allowing this petition.
3. Shri S.Rachaiah, learned HCGP, in his usual fairness, does not dispute the facts stated above.
4. In the circumstances, this petition merits consideration and it is allowed on similar terms as W.P.No.36563/2018 and hence the following order:
(i) Order dated 12.5.2017 passed in FIR No.58/2017 (Spl.C.C.No.414/2017) on the file of City Civil and Sessions Judge (CCH-1), Bengaluru, is set aside;
(ii) Application, I.A.No.5 filed by the petitioner is allowed and petitioner shall be released on bail on the following conditions, if not required in any other case:
(a) Petitioner shall be released on bail in FIR No.58/2017 registered in Yelahanka Police Station, upon his executing self bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the jurisdictional Court;
(b) Petitioner shall not tamper with the prosecution witnesses;
(c) Petitioner shall not directly or indirectly make any inducement, threat or promise to prosecution witness or any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or investigating officer;
(d) Petitioner shall not involve himself in any criminal activities; and (e) If the petitioner violates any one of the conditions, the prosecution shall be at liberty to seek cancellation of bail.
It is made clear that, this order would not prohibit or otherwise prevent the arrest or re-arrest of the petitioner on cogent grounds and in such an eventuality, petitioner shall be entitled to apply for regular bail.
No costs.
Sd/- JUDGE Yn.