IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4495/2019 BETWEEN:
RANGASWAMY @ SWAMY R., S/O RAMESH, AGED ABOUT 19 YEARS, R/AT 493, 4TH CROSS, 4TH MAIN, NEAR RAJKUMAR STATUE, KURUBARAHALLY, BENGALURU -560 010.
(BY SRI PRASANNA D. P., ADVOCATE) AND:
STATE OF KARNATAKA, BY KUNIGAL POLICE, TUMAKURU DISTRICT, REPRESENTED BY SPP, HIGH COURT COMPLEX, BENGALURU – 560001.
... PETITIONER ... RESPONDENT (BY SRI HONNAPPA, HCGP.) THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITONER ON BAIL IN CR.NO.416/2018 OF KUNIGAL POLICE STATION, TUMAKURU FOR THE OFFENCE P/U/S.395, 397, 120-B, 109, 201 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - State. Perused the records.
2. Factual matrix that emanate from the records are that on 14.11.2018 at about 6 p.m., near Kottagere, when the complainant by name Prakash was traveling in a private bus from Kunigal to Tumkur, it is alleged that all the accused persons entered into the said bus and dragged the complainant out of the bus on the guise that complainant is the husband of the sister of one of the accused and thereafter, robbed a sum of `5,13,705/- by spraying chilly powder on him and also assaulted and threatened him with dire consequences and stabbed him by knife.
3. On the basis of above said allegations, police have submitted charge sheet. It is seen that in Crl.P.No.549/2019 vide order dated 12.04.2019 accused No.9 was released on bail; in Crl.P.No.164/2019 vide order dated 03.06.2019 accused Nos.6, 7 & 8 were released on bail; in Crl.P.No.872/2019 vide order dated 11.06.2019 accused No.5 was released on bail; in Crl.P.No.1130/2019 and Crl.P.No.3236/2019 vide order dated 29.07.2019 accused Nos.2 and 4 were also released on bail. It appears that all the accused persons have already been released on bail. Petitioner is arraigned as accused No.3, who stand on the same footing as that other accused who are already on bail. Therefore, on the ground of parity, petitioner is also entitled to be enlarged on bail. Hence, the following order:
Petition is allowed. Consequently, the petitioner (accused No.3) shall be released on bail in connection with C.C.No.13/2019 pending on the file of the Senior Civil Judge & JMFC., Kunigal, for the offences punishable under Sections 395, 397, 120 B, 201 and 109 of IPC, subject to following conditions:
(i) Petitioner shall execute his personal bond for a sum of `50,000/- (Rupees fifty thousand only) with one surety for the like-sum to the satisfaction of the jurisdictional Magistrate.
(ii) Petitioner shall not indulge in tampering the prosecution witnesses.
(iii) Petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted for any genuine reason, by the Court.
(iv) Petitioner shall not leave the jurisdiction of the trial Court without prior permission till the case registered against him is disposed of.
Sd/-
JUDGE PKS