IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.3847/2017 BETWEEN:
RAGHAVENDRA @ RAGHU @ MARAMMANAGUDI RAGHU S/O. GUNDAPPA, AGED ABOUT 33 YEARS, R/AT NO.32, KRISHNAPPA HOUSE, 5TH CROSS, IN FRONT OF GOWRI SANKARA TEMPLE, GHAVIPURAM GUTTAHALLI, BANGALORE-560 018.
(BY SRI.RAJASHEKARA R V., ADV.) AND ...PETITIONER STATE OF KARNATAKA BY ITS STATION HOUSE OFFICER, RAJARAJESWARI NAGARA POLICE STATION, BANGALORE CITY-560 018, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001.
...RESPONDENT (BY SRI.CHETAN DESAI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO.104/2016 OF RAJARAJESHWARI NAGAR POLICE STATION, BENGALURU CITY AND C.C.NO.20039/2016, FOR THE OFFENCE P/U/S 120B,397 AND 302 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed by the petitioner/accused No.2 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 120B, 397, 302, 120B read with 34 of IPC, registered in respondent – police station Crime No.104/2016.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.
3. Learned counsel for the petitioner during the course of his arguments has submitted that earlier the present petitioner has filed the bail petition before this Court in Crl.P.1029/2017, but same was dismissed as withdrawn with the liberty to file the fresh petition on 12.04.2017. He has further submitted that thereafter, this Court allowed the bail petitions filed by accused Nos.1, 3 and 4 against whom also similar set of allegations are made. He has produced the copies of the said bail orders passed in respect of other accused persons.
4. I have perused the order dated 24.07.2017 passed by this Court in Crl.P.4197/2017 in respect of accused No.3, so also, the order dated 27.04.2017 passed in Crl.P.1858/2017, which is in respect of accused No.4. Perusing those two orders, this Court considered the merits of the case and ultimately granted bail to accused Nos.3 and 4. Looking to the prosecution material, similar set of allegations are made even against the petitioner herein. It is no doubt true, as submitted by the learned HCGP that at the instance of the petitioner two gold bangles were recovered, but said aspect has been already taken into consideration while granting bail to accused Nos.3 and 4, so also, accused No.1. Therefore, on the ground of parity, the petitioner is also entitled to be granted with bail.
5. Accordingly, petition is allowed.
Petitioner/accused No.2 is ordered to be released on bail of the offence punishable under Sections 120B, 397, 302, 120B read with 34 of IPC, registered in respondent – police station Crime No.104/2016, subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.2,00,000/- (Rupees Two lakhs only) with two local solvent sureties for the likesum to the satisfaction of the Concerned Court.
The concerned Court while accepting the surety bond, shall examine the original documents pertaining to the immovable properties of the sureties and their Aadhaar Cards/Identity Cards. They must not have offered surety to the accused persons in any other criminal case.
ii) He shall attend the Court on all hearing dates regularly and punctually.
iii) He shall not threaten or prevail upon the prosecution witnesses in any manner.
Sd/- JUDGE BSR