IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.1115 OF 2019 BETWEEN:
MR.RAJESH PAVITHRAN @ RAJ PAVITHRAN AGED ABOUT 37 YEARS S/O PAVITHRAN R/AT NEAR FISHERIES YARD KULAI POST, MANGALURU D.K. DISTRICT – 574 143 ...PETITIONER (BY SRI. NISHIT KUMAR SHETTY, ADVOCATE) AND:
THE STATE OF KARNATAKA BY STATION HOUSE OFFICER MANGALURU BARKE POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 …RESPONDENT (BY SRI. HONNAPPA, 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 CR.NO.155/2018 OF BARKE POLICE STATION, MANGALURU CITY FOR THE OFFENCES P/U/Ss.120-B, 365, 342, 323, 395, 385, 506, 149 OF IPC. THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K. MANGALURU HAS DISMISSED THE BAIL PETITION ON 07.11.2018 IN CRL.MISC.NO.1039/2018.
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.6 under Section 438 of Cr.P.C. to release him on anticipatory bail in Crime No.155/2018 of Barke Police Station for the offences punishable under Sections 120-B, 365, 342, 323, 395, 385, 506 r/w Section 149 of IPC.
2. I have heard the learned counsel appearing for the petitioner, learned High Court Government Pleader appearing for the respondent-State and perused the records.
3. The brief facts of the case on hand are that, on 23.09.2018, first information was registered alleging that, the wife of the complainant by name V. Shashi, aged 70 years, was suffering from Psychiatric problem since 25 years and she was taking medicine for cancer also. In the month of December 2017, when the complainant was at home, three ladies came to his house for cleaning purpose and took his personal Memory Card from his bed room. It is further alleged that on 23.9.2018 at about 11.30 a.m. to 11.45 a.m, the complainant received a phone call from the mobile No.9449065922 to his mobile number 8618114854 by introducing herself as Srilatha, President of Rakshana Vedike, Narayana Gouda Faction. It is further alleged that, the said lady told him that she has arranged food and invited him to the place at Lady Hills. It is further alleged that, the complainant went to that place at 12.50 p.m. and waited near Corporation Bank, at that time, a car came with a lady and three gents and a woman told him to sit in the Car and took him towards Sadananda Hotel, Surathkal and thereafter to a house. In that house, a man was present and when they reached the place, the accused persons took jewellary and cash from the complainant along with Aadhar Card, PAN Card, Driving Licence and other valuables by force. It is further alleged that on last occasion, they took a Memory Card from his house which contains obscene videos with girls. It is alleged that among the accused one of them had demanded `5,00,000/- from the complainant, otherwise, they threatened to kill the complainant and forcibly took signatures on documents and signatures on the R.C. Transfer Form and assaulted him all over the body and caused grievous injuries.
4. On the basis of the above said allegations, accused Nos.1 and 2 have approached the Court and already released on bail. Even on the ground of parity, accused No.5 was also released on bail by this Court in Crl.P.No.8717/2018 vide orders dated 20.02.2019. The name of accused No.6 is virtually not there and it appears his name has been subsequently included on the basis of the information given by other accused persons.
5. Under the above said circumstances, when the other accused persons have already released on bail, this petitioner is also entitled to be enlarged on bail on the ground of parity. Hence, the following order:
The petition is allowed. Petitioner/accused No.6 is ordered to be released on anticipatory bail in the event of his arrest in Crime No.155/2018 of Barke Police Station, for the offences punishable under Sections 120-B, 365, 342, 323, 395, 385, 506 r/w Section 149 of IPC, subject to the following conditions:
i) The petitioner shall execute a personal bond for a sum of `2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
ii) He shall surrender before the Investigating Officer within 15 days from the date of receipt of a copy of this order.
iii) He shall not tamper with the prosecution witnesses directly or indirectly or hamper the investigation.
iv) He shall mark his attendance before the jurisdictional police once in 15 days between 10.00 A.M. and 5.00 P.M. till the trial is concluded.
v) He shall not leave the jurisdiction of the Court without prior permission of the Court.
Sd/-
JUDGE cp*