IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2017 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.939/2017 C/W CRIMINAL PETITION No.940/2017 IN CRL.P No.939/2017 BETWEEN:
SATISH R @ SATISHKUMAR S/O LATE RAJU AGE:26 YRS R/O. HIRIYUR CAMP (AMRUTNAGAR) MAGANAHALLI ROAD DAVANAGERE - 577 601 ... PETITIONER (BY SRI.S.G.RAJENDRA REDDY , ADVOCATE) AND :
THE STATE BY BASAVANAGARA POLICE STATION DAVANAGERE CITY CIRCLE RPTD. BY S.P.P., HIGH COURT BENGALURU - 560 001 ... RESPONDENT (BY SRI.S.VISHWA MURTHY, HCGP) THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETR. ON BAIL IN CR.NO.105/2016 OF BASAVANAGARA P.S., DAVANAGERE FOR THE OFFENCE P/U/S 143,147,148,114,120(B),364,364A,302 AND 201 R/W 34 OF IPC.
IN CRL.P No.940/2017 BETWEEN:
MAHANTESH S/O.MYLAPPA AGE:19 YRS, COOLIE R/O.GANDHINAGAR DAVANAGERE - 577 601 (NOW IN J.C.) ... PETITIONER (BY SRI.S.G.RAJENDRA REDDY, ADVOCATE) AND :
THE STATE BY BASAVANAGARA POLICE STATION DAVANAGERE CITY CIRCLE RPTD. BY S.P.P.
HIGH COURT BENGALURU - 560 001 ... RESPONDENT (BY SRI.S.VISHWA MURTHY, HCGP) THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETR. ON BAIL IN CR.NO.105/2016 OF BASAVANAGARA P.S., DAVANAGERE FOR THE OFFENCE P/U/S 143,147,148,114,120(B),364,364A,302 AND 201 R/W 34 OF IPC.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner in Crl.P.No.939/2017 is accused No.3 and petitioner in Crl.P.No.940/2017 is accused No.5 in Crime No.105/2016 registered in Basavanagara Police Station, for the offences punishable under Sections 364, 364-A, 302, 201 r/w Sec.34 of IPC.
2. Learned Counsel for the petitioners submits that after investigation police have filed the charge sheet. Adverting to the charge sheet, he submits that according to the prosecution, accused No.3 assaulted the victim by a hammer. He further submits that this Court vide order dated 19.1.2017 in Crl.P.Nos.8511/2016 c/w 9015/2016 has granted bail to accused Nos. 1 & 2. Therefore, he prays that on the ground of parity, accused in these two petitions be enlarged on bail.
3. Though the petitions are opposed by the learned HCGP, he does not dispute the enlargement of accused Nos.1 & 2 on bail by this Court by the aforementioned order.
4. I have carefully considered the submissions of the learned Counsel for the petitioners, learned HCGP and perused the material papers.
5. As per charge sheet, overt-act of both accused No.1 and accused No.3 is assaulting the victim by a hammer. The overt-act of accused No.5 is common. They have been alleged to have together kidnapped the victim. Accused No.1 & 2 have been granted bail by this Court.
Therefore, on the ground of parity, in my view, these petitions merit consideration and deserve to be allowed. Accordingly, it is directed that:
(i) Petitioners shall be released on bail in Crime No.105/2016, registered in Basavanagara Police Station, Davanagere, upon their executing a self bond for a sum of Rs.50,000/- each with one surety for the like sum to the satisfaction of the jurisdictional Court;
(ii) Petitioners shall co-operate with the Investigating Officer during the further course of investigation, if any and appear before him as and when called upon;
(iii) Petitioners 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;
(iv) Petitioners shall not involve themselves in any criminal activities; and (v) If the petitioners violate any one of the conditions, the prosecution shall be at liberty to seek cancellation of bail.
Petitions allowed.
Sd/- JUDGE Yn.