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Karnataka High Court · body

2014 DIGILAW 25 (KAR)

H. K. Praveena v. State of Karnataka

2014-01-08

R.B.BUDIHAL

body2014
JUDGMENT 1. This is a petition filed by the petitioner under Section 439 Cr.P.C. seeking his release on bail of the offences punishable under Section 395 of IPC registered in Crime No. 209/2013 of Aldur Police Station and subsequently registered in Balur Police Station in Crime No.34/2013 for the offence under Section 395 of IPC. 2. The brief facts as averred in the petition are that : The respondent – Police registered a case against the petitioner and nine others for the alleged offence under Section 395 of IPC and petitioner has been shown as accused No.1. The further averments are that, one Nagaraj, Roopesh and Mahesh residents of Shikaripura, Shimoga, had purchased 16 cattle for cultivation purpose from Saragodu of Chickmagalur and the complainant had gone there to transport the cattle on 10-10-2013 and obtained permission from the authorities of the Gram Panchayat, Hurigere. When he was transporting the above said cattle in a vehicle bearing registration No. KA-16-A-2110, at that time the petitioner along with other accused came in a Tata Nano vehicle, checked the cattle, verified the papers and picked up a quarrel with the complainant and voluntarily caused hurt with hands and club and also snatched two mobiles and cash of Rs.18,000/- from the possession of the complainant. On the basis of the complaint, case has been registered against the present petitioner and nine other persons. 3. Heard the learned Counsel appearing for the petitioner – accused No.1 and also the learned Government Pleader for the respondent – State. 4. I have perused the averments made in the bail petition, FIR, complaint, order passed by the trial Court and also the other materials produced in the case. The other accused i.e. accused 2 to 10 along with the present petitioner applied for anticipatory bail before the II Additional District and Sessions Judge at Chickmagalur, and the Court considering the merits of the case granted anticipatory bail for the alleged offence under Section 395 of IPC. When under similar set of allegations made against the other accused persons anticipatory bail has been granted by the Sessions Court, the present petitioner who is also standing on the same footing and similar set of allegations, is entitled to be released on bail on the ground of parity. When under similar set of allegations made against the other accused persons anticipatory bail has been granted by the Sessions Court, the present petitioner who is also standing on the same footing and similar set of allegations, is entitled to be released on bail on the ground of parity. In the petition, the petitioner has contended that he is innocent and he has not committed any offence, he is ready to abide by any conditions of bail. 5. It is the apprehension of the prosecution that there are other cases pending against this petitioner and if released on bail he may tamper the prosecution witnesses and he may abscond. For this apprehension of the prosecutor, stringent conditions may be imposed to secure the presence of the present petitioner for the trial of the other cases and the petition can be considered which will safeguard the interest of the prosecution. 6. Therefore, looking to the materials on record and as other accused persons were granted anticipatory bail in respect of the same crime number in similar set of circumstances, petitioner is also entitled to be released on bail. 7. Accordingly, the petition is allowed. The petitioner is ordered to be released on bail of the offence punishable under Section 395 of IPC registered with Balur Police Station in Crime No.34/13 subject to the following conditions : (i) The petitioner has to execute a personal bond for Rs.50,000/- and has to furnish two solvent sureties for the likesum to the satisfaction of the concerned Court. (ii) The petitioner shall not tamper with any of the prosecution witnesses (iii) The petitioner has to appear before the concerned Court regularly.