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2017 DIGILAW 398 (KAR)

MADHUSUDHAN @ MANU S/O MURTHY v. STATE BY CHANNAPATNA RURAL POLICE REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA

2017-02-08

P.S.DINESH KUMAR

body2017
ORDER : 1. Heard Sri. Ganesh G.G. learned counsel for the petitioner and Sri. B. Visweswariah, learned High Court Government Pleader for the respondent. 2. The petitioner is accused No. 1 in Crime No. 363/2016 registered by Chennapatna Police Station for offences punishable under Sections 399 and 402 of IPC. 3. Learned counsel for the petitioner, at the out set submits that accused No. 2 has been granted bail by order dated 25.01.2017 in Crl. P. No. 168/2017. He further submits that though in the complaint, petitioner is described as accused No. 1, he is shown as accused No. 5 in the remand application. 4. He submits that the petitioner along with the other accused are innocent and they are falsely implicated. The offence alleged is preparation for committing decoity. This Court in the case of accused No. 2 who is also similarly placed, has granted bail. Therefore, he prays that on the ground of parity, this petition be considered and allowed. 5. Learned High Court Government Pleader, opposing the bail petition, does not controvert the fact with regard to enlargement of accused No. 2. He submits that all the accused were preparing for committing decoity and accordingly, opposes this petition. 6. Admittedly, the allegation is commission of offences under Sections 399 and 402 of IPC. Accused No. 2 has already been released on bail by this Court. It is also submitted at the Bar that as on date, the petitioner is an young man aged about 20 years. In the circumstances, on the ground of parity, in my view, the petition deserves to be allowed. Accordingly, it is directed that: (i) Petitioner shall be released on bail upon his executing a self bond for a sum of Rs. In the circumstances, on the ground of parity, in my view, the petition deserves to be allowed. Accordingly, it is directed that: (i) Petitioner shall be released on bail upon his executing a self bond for a sum of Rs. 50,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; (ii) Petitioner shall cooperate with the Investigating Officer during the further course of investigation and appear before him as and when called upon; (iii) Petitioner shall mark his attendance before the jurisdictional Police on every 1st and 3rd Sunday between 10 a.m. & 1 p.m. till the charge sheet is filed; (iv) Petitioner shall not directly or indirectly make any inducement, threat or promise to prosecution witness or any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or investigating officer; (v) Petitioner shall not involve himself in any criminal activities; (vi) If the petitioner violates any one of the conditions, the prosecution shall be at liberty to seek cancellation of bail. Petition allowed.