IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.6930/2018 BETWEEN:
Sri Nagesh @ Naga S/o. Neelakantappa Aged about 28 years R/at Janatha Colony Masthenahalli Village Jigani Hobli, Anekal Taluk Bengaluru District PIN – 562 107. ...Petitioner (By Sri Leeladhar H.P, Advocate) AND:
State by Suryanagar Police Station Anekal Taluk Rep: SPP High Court Buildings Bengaluru – 560 001. … Respondent (By Sri. K.P.Yoganna, 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 Crime No.67/2018 (C.C.No.706/2018) of Surya Nagar Police Station, Bengaluru City for the offences punishable under Sections 399 and 402 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The petition has been filed by the petitioner/accused No.4 under Section 438 of Cr.P.C. praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.67/2018 ( C.C.No.706/2018) of Suryanagar Police Station for the offences punishable under Sections 399 and 402 of IPC.
2. I have heard the learned High Court Government Pleader for the respondent-State. Leaned counsel for the petitioner is absent.
3. The gist of the complaint is that on 20.02.2018 at about 7.00 p.m., the police have received information over phone that near Venkataramanaswamy road, Ramakrishnapura Gate 6 to 7 unknown persons were discussing to commit docoity by threatening the people. Immediately along with panch witnesses, he went to the spot and there they noticed that 7 people were discussing to rob the people. After confirming the same, they apprehended three persons and the remaining persons ran away from the place. On the basis of the same, a case has been registered.
4. It is the contention of the petitioner that he was not the present at the place of incident. He is a permanent resident of Masthenahalli Village. It is submitted that already other accused i.e., Venu, Sharath and Sandeep have been released on bail by this Court in Crl.P.No.2389/2018, Crl.P.No.2042/2018 and Crl.P.No.2348/2018. On the ground of parity, the petitioner – accused is also entitled to be released on bail. He further submitted that the alleged offences are not punishable with death or imprisonment of life. If bail is granted, he is ready to abide by any conditions imposed by this Court and also ready to offer surety. On these grounds, he prays to allow the petition and grant anticipatory bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner is absconding since registration of the case and was not available for interrogation or investigation. He further submitted that if the petitioner – accused is enlarged on bail, he may abscond and he may not be available for trial. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other materials, which has been produced in this behalf.
7. A close reading of the record indicate, already accused Nos.1 to 3 have been released on bail by this Court under similar facts and circumstances and the alleged offences are not punishable with death or imprisonment of life. Though it is the contention of the learned High Court Government Pleader that the petitioner – accused No.4 is absconding since the date of registration of case, if bail is granted he may abscond or he may not face trial, but if reasonable conditions are imposed by this Court and also taking into consideration the ground of parity, the petitioner – accused is entitled to be released on bail. Under such circumstance, I am of the opinion that, if the accused/petitioner is enlarged on bail, it is going to meet the ends of justice.
8. In that light, petition is allowed and the petitioner/accused No.4 is enlarged on anticipatory bail in Crime No.67/2018 (C.C.No.706/2018) of Suryanagar Police Station for the offences punishable under Sections 399 and 402 of IPC subject to the following conditions:
1. In the event of his arrest, the Investigating Agency is directed to enlarge him on bail on he executing a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakh Only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not tamper with the prosecution evidence directly or indirectly.
3. He shall not leave the jurisdiction of the Court without prior permission.
4. He shall mark his attendance once in 15 days between 10.00 a.m., and 5.00 p.m., before the jurisdictional police station till trial is concluded.
5. He is directed to surrender before the Investigating Officer within 15 days from today.
Sd/- JUDGE nms