IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12th DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.549/2019 BETWEEN :
Sri Rakshith Gowda R., S/o Sri Raghu R, Aged about 19 years ITI Student, R/at No.02, 1st Cross, 5th Main Road, Nanjamba Agrahara, Chamarajapete, Bengaluru-560 018.
… Petitioner (By Sri M.V.Raghu, Advocate) AND :
The State of Karnataka by Kunigal Police Station Represented by learned Public Prosecutor High Court Complex Bengaluru-560 001.
… Respondent (By Smt. Namitha Mahesh B.G., HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.416/2018 of Kunigal Police Station, Tumakuru for the offences punishable under Sections 395 and 397 of Indian Penal Code.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by accused No.9 under Section 439 of Cr.P.C. praying to release him on bail in Crime No.416/2018 of Kunigal Police Station for the offences punishable under Sections 395, 397, 120B, 201 and 109 of IPC.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. The gist of the complaint is that on 14.11.2018 when the complainant was travelling in a private bus from Kunigal to Tumakaru, accused persons quarreled with him under the guise that the complainant is the husband of their sister and got him out of the bus near Kottagere and then took him forcibly and robbed Rs.5,13,705/- which was in his possession by spraying chilli powder on him and in the said process, they have also caused injury to his right arm by stabbing with the knife, on the basis of the complaint, a case has been registered.
4. It is the submission of the petitioner-accused No.9 that already the charge sheet has been filed and accused No.8 has been released on bail under the similar facts and circumstances and on the ground of parity, the petitioner is entitled to be released on bail. He further submitted that when initially the complaint was lodged it was lodged against 54 persons and that too after 8 days it has been improved and the charge sheet has been filed as against 10 members. There are no incriminating materials and overt acts alleged against the petitioner. He further submitted that the petitioner is not required for the purpose of further investigation and interrogation. He further submitted that the alleged offences are not punishable with death or imprisonment for life and the petitioner is ready to abide by the conditions and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner on bail.
5. Per contra, the learned HCGP vehemently argued and submitted that there is prima facie case made out against the petitioner. Even an amount of Rs.5,750/- and a mobile phone have been recovered at the instance of the petitioner. She further submitted that there is ample material to show that the petitioner conspired with other accused persons and committed the alleged offence. If the petitioner is released on bail, he may indulge in similar type of offences. On these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records, including the charge sheet material.
7. As could be seen from the records, there is no consistent stand taken by the complainant. There is no independent overt act as alleged against the petitioner- accused No.9. Initially the complaint was registered as against accused Nos.1 and 4. Only on the basis of the voluntary statement said to have been recorded, petitioner has been included. Even if the entire material is accepted as true, there is no specific overt act alleged as against the petitioner, except the recovery of the cash and mobile phone, that is a matter which has to be considered and appreciated only at the time of trial. The alleged offences are not punishable with death or imprisonment for life. Already accused No.8 has been released on bail by this Court under the similar facts and circumstances in Criminal Petition No.9490/2018, disposed of 11.3.2019 and on the ground parity the petitioner is also entitled to be released on bail.
In that light, the petition is allowed and accused No.9-petitioner herein is enlarged on bail in Crime No.416/2018 of Kunigal Police Station for the offences punishable under Sections 395 397, 120B, 201 and 109 of IPC, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two Lakhs only) with two sureties for the like sum to the satisfaction of the trial Court.
ii) He shall not tamper with the prosecution evidence directly or indirectly.
iii) He shall not indulge in similar type of criminal activities. If such activities are committed by the petitioner, the trial Court is at liberty to cancel the bail.
iv) He shall not leave the jurisdiction of the trial Court without prior permission.
v) He shall mark his attendance on 1st of every month before the jurisdictional police between 10.00 a.m. and 5.00 p.m. till the trial is concluded.
Sd/- JUDGE *ck/-