IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.504 OF 2019 BETWEEN:
Sri Madhu @ Meke, Aged about 25 years, R/at Spirit Junction, Near water tank, Vijayanagar 2nd Stage, Mysuru – 45.
...Petitioner (By Sri. Pratheep K.C., Advocate) AND:
State of Karnataka Vijayanagar Police Station Mysuru, Represented by its SPP High Court of Karnataka Bengalluru – 01.
...Respondent (By Sri. M. Divakar Maddur – HCGP) This Criminal Petition is filed under Section 439 of the Cr.PC praying to enlarge the petitioner on bail in Cr. No. 231/2018 of Vijayanagar Police Station, Mysuru City for the offence P/U/S 420 R/w 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner-accused No.5 under Section 439 of Cr.P.C. to release him on regular bail in Crime No.231/2018 of Vijayanagar police station, Bengaluru, for the offences punishable under Section 120B, 397, 412, 420 R/w 34 of IPC.
2. I have heard learned counsel for the petitioner-accused and learned HCGP for the respondent-State.
3. The brief facts of the case are that the complainant is doing foreign currency exchange business. On 22.09.2018 at about 8.30 p.m., he finished his work and closed his office and while coming to his house on two wheeler bearing registration No.KA09/HA-8303, he kept an amount of Rs.19,00,000/- and foreign currency worth Rs.6,00,000/- in the dicky of the said two wheeler and at that time, two persons came by a motor cycle near his vehicle from backside, teased him and stopped the vehicle. When the vehicle stopped, one person who was sitting by the side of the road came and started abusing him. When he was talking to the said person, the persons who came in the bike took away his vehicle and the person who came from the side of the road also went on the motor bike. On the basis of the complaint, a case has been registered.
4. It is the submission of learned counsel for the petitioner that already remaining accused persons have been released on bail. On the ground of parity, the petitioner is also entitled to be released on bail. He further submits that even by reading the entire complaint, it does not make out prima facie case against the petitioner for the offence of robbery. He further submits that the accused petitioner was not present at the time of alleged incident taken place. Only on the basis of voluntary statement of other accused petitioners, the accused petitioner has been apprehended. He further submits that already accused petitioner has been interrogated and an amount of Rs.12,000/- has been recovered. He further submits that already charge sheet has also been filed and in the charge sheet offences alleged against the petitioner is under Section 120B, 397 and 412 of IPC. He further submits that the accused petitioner is ready to abide by any of the terms and conditions that may be imposed by this Court and ready to offer sureties, if he is released on bail. On these grounds, he prays to allow the petition and to release him on bail.
5. Per contra, learned HCGP vehemently argued and submitted that the petitioner along with other accused have robbed an amount of Rs.19,00,000/- and foreign currency of Rs.6,00,000/- from the possession of the complaint. He further submitted that the accused petitioner is a habitual offender. If he is released on bail, he may again indulge in similar type of activities. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submissions of learned counsel appearing for the parties and also perused records.
7. As could be seen from the contents of the complaint and other material, the name of the petitioner is not forthcoming and even the identity of the accused person has not been stated. Even the Investigating Officer has not conducted the Test Identification Parade. Only on the basis of voluntary statement of other accused persons, the petitioner has been implicated. Whether accused No.5 has involved in the alleged offence is the matter which has to be considered and appreciated only at the time of trial.
8. As could be seen from the contents of the complaint and other material, accused No.1 and 7 were arrested and have been released on bail. Even accused No.2 has also been released on bail by this Court in Crl.P.No.9105/2018 vide order dated 03.01.2019. Even the accused petitioner stands on the similar footing. Therefore, he is also entitled to be released on bail on the ground of parity. Looking from any angle, the petitioner accused is entitled to be released on bail. Hence, the petition is allowed. The accused petitioner is ordered to be released on a bail in Crime No.231/2018 of Vijayanagara Police Station, Bengaluru for the offence punishable under Sections 120B, 397, 412 and 420 R/w 34 of IPC, subject to following conditions;
1. The petitioner-accused shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall present before the trial Court on all the hearing dates.
3. He shall not tamper with the prosecution witnesses directly or indirectly.
4. He shall not indulge in similar type of activities.
5. He shall mark his attendance on first of every month till the trial is concluded.
Sd/- JUDGE PN/-