IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 4562/2019 BETWEEN SUBASH BHASKAR KALE S/O BHASKAR KALE AGED 28 YEARS R/AT MUKAM POST ANDHORA VILLAGE KANRVADI, KALAM TALUK USMANABAD DISTRICT MAHARASTRA - 413 501 ... PETITIONER (BY SRI. B. LETHIF, ADVOCATE) AND THE STATE OF KARNATAKA BY PADUBIDRI POLICE STATION UDUPI DISTRICT REP. BY S.P.P HIGH COURT BUILDING BENGALURU- 560 001. …. RESPONDENT (BY SRI. K. P. YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.80/2018 (S.C.NO.5/2019) OF PADUBIDRI P.S., UDUPI FOR THE OFFENCE P/U/S 395 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner is arraigned as Accused No.3 along with other 4 co-accused in SC No.5/2019 (Crime No.80/2018 of Padubidri Police Station, Udupi District, registered for the offence punishable under Section 395 of IPC, now pending on the file of the Principal District and Sessions Judge at Udupi.
2. The record reveals that, as many as five accused were charge sheeted. Out of them, Accused Nos. 1 & 5 have already been released on bail. Accused No.1 is released on bail vide order dated 28.08.2019 by this Court in Crl. P. No.4561/2019.
3. The brief factual matrix of the case are that, on 01.09.2019 at about 6.00 p.m., the complainant- Lakshman S. Poojary, who was working as a Security Guard, was posted at Karnataka Bank ATM, situated at Kelaginapete of Padubidri and he took charge as Security Guard at the said ATM and in the midnight at about 1.00 am., 5 to 6 persons aged between 25 to 30 years covering their faces with cloth, came inside the ATM Cabin and at the point of a knife, prevented the complainant from shouting and tried to break open the ATM. But, they could not able to do so and thereafter, they went to a jewellary shop nearby and committed theft in the said jewellary shop by breaking the lock of the shutter and stolen the gold jewels in the said shop and thereafter, again they entered a mobile shop by breaking the lock and stolen about 15 to 20 mobiles. During the course of investigation, all the accused were arrested and some mobiles were also recovered.
4. Considering the facts and circumstances of the case, as the accused persons were covered their faceS with cloth, identification of the accused has to be done during the course of trial undisputably by the complainant. It is submitted that, Accused No.5 was released on bail by the trial Court and Accused No.1 was released on bail by this court. This petitioner, who is arraigned as Accused No.3 also stands on the same footing as that of other accused persons, who are released on bail.
5. In the above said circumstances, on the ground of parity, the petitioner (A3) is entitled to be enlarged on bail. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner (A3)-Subash Bhaskar Kale shall be released on bail in connection with SC No.5/2019 (Crime No.80/2019 of Padubidri Police Station, Udupi District) registered against him for the offence punishable under Sections 395 of IPC, now pending on the file of the Principal District and Sessions Judge at Udupi, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not tamper 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.
KGR* Sd/- JUDGE