SRI MANOJ S/O LAL MAN v. STATE BY SANJAYNAGARA POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT
2017-02-02
P.S.DINESH KUMAR
body2017
DigiLaw.ai
ORDER : 1. This petition under Section 439 of Cr.PC is presented by the petitioner-accused no. 1 who is alleged of commission of offences punishable under Sections 3, 4, 5 and 7 of Immoral Prevention of Traffic Act, 1956 and under Section 370 of Indian Penal Code, 1860 in Crime No. 222/2016 registered by the Sanjaynagar Police Station, Bengaluru. 2. Heard Sri. Nagesh S. learned counsel for the petitioner and Sri. Vishwamurthy learned HCGP for the Respondent-State. 3. Learned counsel for the petitioner submits that accused Nos. 2 and 3 have been granted bail by the Court below but the petitioner has been denied bail on the ground that investigation was not complete at the time of consideration of his bail petition. He submits that police have now filed charge-sheet. Therefore, he prays on the ground of parity, the petitioner may also be granted bail. 4. The bail petition is opposed by the learned HCGP on the ground that the petitioner is a permanent resident of Uttar Pradesh and may abscond if released on bail. 5. The two other accused in the case have already been granted bail. The reason for refusing the bail to the petitioner by the Court below is that investigation was not complete at the time of consideration of his case. Now, a copy of the charge-sheet is placed for perusal of this Court. According to the learned HCGP, the maximum sentence for conviction is seven years and which may extend upto ten years with fine. There is force in the contention of the learned HCGP that the petitioner being a resident of Uttar Pradesh may flee and abstain from attending the trial. 6. In view of the fact that the two other accused have already been granted bail and the offences alleged against the petitioner are not punishable with death or life imprisonment, this petition deserves to be allowed and it is accordingly allowed with stringent conditions. Hence, the following order: ORDER: (a) Petitioner shall be released on bail on his executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties of Rs.1,00,000/- (Rupees One Lakh only) each for the like sum to the satisfaction of the Trial Court. (b) Petitioner shall not tamper or attempt to tamper any of the prosecution witnesses.
(b) Petitioner shall not tamper or attempt to tamper any of the prosecution witnesses. (c) Petitioner shall not hold out threats to the prosecution witnesses or lure them in any manner. (d) Petitioner shall not involve in any criminal activities. (e) Petitioner shall attend the Trial Court regularly on all dates of hearing and shall cooperate with the learned Trial Judge to conduct the trial. (f) If the petitioner violates any one of the conditions, the prosecution shall be at liberty to seek for cancellation of bail. Petition is allowed.