IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.9239/2018 BETWEEN:
Venkatesh Naik S/o Muniswamy Naik, Aged about 25 years, R/o Panchavti Tandya, Santemavattur Hamlet, Kasaba Hobli, Kunigal Taluk, Tumkuru-572 120. ...Petitioner (By Sri Vijaysingh.M, Advocate for Sri Chethan.B, Advocate) AND:
State of Karnataka Kunigal Police Station, Kunigal-572 130, Tumkuru District.
Rept. by State Public Prosecutor, High Court of Karnataka, Bengaluru-560 001. ...Respondent (By Sri M. Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in Cr.No.260/2018 of Kunigal Police Station, Tumakuru District for the offences punishable under Sections 120B, 395, 397, 489 and 201 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner-accused No.7 under Section 439 of Cr.P.C. praying to release him on bail in Crime No.260/2018 of Kunigal Police Station, Tumakuru for the offences punishable under Sections 120B, 395, 397, 489 and 201 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. The genesis of the case of the prosecution is that on 09.06.2018 at about 9:40 p.m., near Gokula diary, when the complainant and others were proceeding in a car bearing registration No.KA-06-P-2713, the petitioner-accused No.7 along with other accused persons committed a criminal conspiracy and in pursuance of the said conspiracy, they intercepted the car and under the guise of getting the pooja done, the petitioner-accused No.7 poured chilly powder on the complainant and others and by threatening them fled away in car along with an amount of Rs.13,00,000/- which belongs to the temple. On the basis of the said complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner that already accused Nos.1, 3, 6, 9, 10 and 13 have been released on bail, under the similar facts and circumstances of the case, on the ground of parity, petitioner-accused No.7 is also entitled to be released on bail. He further submitted that charge sheet has been already filed and the alleged offences are not punishable with death or imprisonment for life. The petitioner-accused No.7 is ready to abide by the conditions imposed on him by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner-accused No.7 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner-accused No.7 along with other accused persons intercepted the car of the priest and committed dacoity of Rs.13,00,000/- which belongs to the temple. It is further submitted that an amount of Rs.13,500/- and a mobile was recovered at the instance of the petitioner-accused No.7. It is further submitted that the petitioner conspired with other accused persons and committed a heinous offence of dacoity. He further submitted that if, the petitioner-accused No.7 is enlarged on bail, he may tamper with the prosecution evidence and he may indulge in similar type of criminal activities. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by learned counsel appearing for both the parties and perused the records.
7. The subject matter of the offence is already covered by this Court in Crl.P.Nos.7979/2018, 5285/2018, 6383/2018, 4979/2018, 5618/2018, 6480/2018 and 6530/2018, 6437/2018, 6610/2018 and 6675/2018 and other allied cases. Under similar facts and circumstances of the case, already, other co- accused persons have been granted bail, on the ground of parity, the petitioner-accused No.7 is also entitled to be released on bail.
In that light, criminal petition is allowed. Petitioner-accused No.7 is ordered to be enlarged on bail in Crime No.260/2018 of Kunigal Police Station, Tumakuru for the offences punishable under Sections 120B, 395, 397, 489 and 201 of IPC, subject to the following conditions:
1. Petitioner-accused No.7 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court.
2. He shall not leave the jurisdiction of the Court without prior permission.
3. He shall mark his attendance on the first date of every month in between 10.00 a.m., to 5.00 p.m., till the trial is concluded.
4. He shall not tamper with the prosecution evidence directly or indirectly.
5. He shall not indulge in similar type of criminal activities.
6. He shall be regular in attending the trial.
Sd/- JUDGE RB