1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY 2019 BEFORE THE HON'BLE MRS. JUSTICE K. S. MUDAGAL Criminal Petition No.8083/2018 Between:
VAJEER BASHA @ VAJEER S/O MAHABOOB PASHA, AGED ABOUT 33 YEARS, R/AT REDDAMMA’S RENT HOUSE, NEAR RELIANCE PETROL BUNK, VADDAPALLI - PUNGANURU ROAD, MADANAPALLI TOWN, CHITTOR DISTRICT - 517325 ANDHRA PRADESH (BY SRI. S. SHIVAPRASAD, ADV.) And STATE OF KARNATAKA ... PETITIONER REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560001 ... RESPONDENT (BY SRI. K. P. YOGANNA, HCGP) THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.25/2017 (S.C.NO.49/2018) (C.C.NO.1063/2017) OF CHICKBALLAPURA TOWN P.S., CHICKBALLAPURA DISTRICT FOR THE OFFENCE P/U/S 395 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
2 O R D E R Petitioner is accused No.1 in Crime No.25/2017 of Chikkaballapura Town Police Station which is now pending in S.C.No.49/2018 on the file of the III Addl. District and Sessions Judge, Chikkaballapura. Petitioner and five others were charge sheeted in the said case for the offence punishable under Section 395 of IPC.
2. It is alleged that on 17.03.2017 at 3 p.m. the accused wrongfully confined CW-2 in the kitchen of their house in Chikkaballapura and committed dacoity of gold and silver articles and cash, in all worth Rs.50,00,000/-. It is alleged that when petitioner and other accused were making preparation for committing dacoity on 24.03.2017 in the outskirts of Chikkaballapura, they were apprehended and their interrogation revealed their involvement in this case. It is further alleged that the subject-matter of the offence 3 in this case were recovered at the instance of the accused.
3. Earlier two bail applications filed by the petitioner before this Court in Crl.P.Nos.8937/17 and 2819/18 were dismissed with a direction to the trial Court to conduct the trail expeditiously.
4. Learned counsel for the petitioner submits that the trial Court has still not framed the charges and accused No.3 has been granted bail by this Court in Crl.P.No.3097/18 on 26.06.2018, therefore on the ground of parity the petitioner is entitled for bail.
5. The allegations against the petitioner and all other accused are one and the same. Subsequent to the rejection of the bail application of the petitioner in Crl.P.No.2819/18, on 26.06.2018 this Court has granted bail to accused No.3 who is similarly situated.
4 6. Petitioner is in judicial custody since 28.03.2017. Learned counsel for the petitioner submits that petitioner is ready to furnish local sureties and petitioner’s father is suffering from serious ailments, therefore, lenience may be shown.
7. It is submitted that the petitioner has been granted bail in the other matter namely Cr.No.38/2017. Having regard to these facts and circumstances, it is a fit case to grant bail with suitable conditions.
8. Therefore, the petition is allowed. Petitioner is granted bail in Crime No.25/2017 of Chikkaballapura Town Police Station, now pending in S.C.No.49/2018 on the file of the III Addl. District and Sessions Judge, Chikkaballapura, subject to the following conditions:
1) He shall execute personal bond in a sum of Rs.50,000/- and furnish two local sureties in the like-sum to the satisfaction of the Court for his appearance;
5 2) He shall appear before the Court as and when required for the purpose of enquiry/trial;
3) He shall not tamper the prosecution witnesses by threats, inducement or otherwise.
4) He shall mark his attendance before the I.O. on first Sunday of each month till the charges are framed.
Sd/- Judge RD