IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.7660 OF 2019 BETWEEN:
SRI. P.SHANSHANK, S/O LATE PRAKASH, AGED ABOUT 22 YEARS, RESIDING AT No.3/3-3, 27TH CROSS, 6TH BLOCK JAYANAGAR, BENGALURU – 560 011.
...PETITIONER (BY SRI. JAIRAJ. G., ADVOCATE) AND:
STATE OF KARNATAKA BY THE STATION HOUSE OFFICER, ATTIBELE POLICE STATION, ANEKAL-562 106.
REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT, BENGALURU-560 001.
…RESPONDENT (BY SRI. ROHITH B.J, HIGH COURT GOVERNMENT PLEADER) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CRIMINAL PROCEDURE CODE, 1973, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME No.154/2019 (C.C. No.1304/2019) OF ATTIBELE POLICE STATION, BENGALURU CITY FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 341, 394, 506, 363 AND 411 OF THE INDIAN PENAL CODE, 1860.
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. The petitioner is arraigned as accused No.1 in Crime No.154/2019 registered by Attibele Police Station, Bengaluru District, which is later culminated in C.C. No.1304/2019 on the file of the Additional Civil Judge (Jr. Dn.) and JMFC., Anekal, Bengaluru Rural District, after the charge sheet is filed for the offences punishable under Sections 341, 394, 506, 363 and 411 of the Indian Penal Code, 1860.
3. The other accused Nos.4 and 5 have already been released on bail by this Court in Criminal Petition Nos.4672/2019 and 4873/2019 respectively, vide orders dated 07.08.2019 and 20.08.2019 respectively.
4. The brief facts of the case are that on 14.05.2019 at about 11:45 p.m., while the complainant was walking towards Anekal near Attibele bus stand at that time, when he reached near Lakshmikunte Temple, four persons on two motorcycles came there and intercepted him and threatened him at a point of knife, assaulted him on his thigh and other parts of the body and snatched his purse, ATM card, mobile phone, gold chain and gold finger ring. They also took the complainant in order to withdraw his money from ATM. The allegation made against the petitioner is that he actually assaulted the complainant with a knife on his thigh portion in order to extract money from him. The other accused persons almost stand on the same footing as that of the petitioner – accused No.1 except the said assault made by him.
5. The learned High Court government Pleader submitted that there are no other cases pending against this petitioner for the offence punishable under Section 394 of IPC and other offences alleged against the petitioner are not punishable either with death or imprisonment for life.
6. Considering the absence of previous bad antecedents and other accused persons were already released on bail, in my opinion, the petitioner is also entitled to be enlarged on bail on the ground of parity. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner (accused No.1) – P. Shanshank shall be released on bail in connection with Crime No.154/2019 registered by Attibele Police Station, Bengaluru Rural District, for the offences punishable under Sections 341, 394, 506, 363 and 411 of the IPC, now pending in C.C. No.1304/2019 before the Court of Additional Civil Judge (Jr. Dn.) and JMFC., Anekal, Bengaluru Rural District, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with one surety for the like- sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission till the case registered against him is disposed of.
Sd/- JUDGE sma