Prashanth @ Pachu @ Pachile Pacchu v. State of Karnataka
2023-03-06
V SRISHANANDA
body2023
DigiLaw.ai
JUDGMENT/ORDER V Srishananda, J. - Heard Sri. Talha Ismail Bengre, learned counsel for the petitioner and Sri. Vishwamurthy S., learned High Court Government Pleader for the respondent-State. Perused the records. 2. Present petition is filed under Section 439 of Cr.P.C. with the following prayer: 'Wherefore, the petitioner most respectively prays that this Hon'ble Court be pleased to grant an regular bail to the petitioner herein by ordering the concerned jail authority to release the petitioner i.e., accused No.5 named Mr. Prashanth @ Pach @ Pachile Pacchu in Crime No.133/2019 for the offences punishable under Sections 143, 147, 148, 364, 302, 201, 120B read with 149 of IPC, of Ullal Police station, pending on the file of 3rd Additional District and Sessions Court at Mangaluru, in S.C.No.75/2020 and grant such other further relief which this Hon'ble Court may deem fit under the circumstances of the case in the interest of justice and fair play .' 3. The petitioner is accused No.5, who has faced the trial for the offence punishable under Section 302 read with Section 201 of IPC in respect of Cr.No.133/2019 dated 30.11.2019. It is submitted at the Bar that the trial is almost complete and the case is now posted for arguments and the trial is held up for want of FSL report. 4. The accused- Petitioner is in custody since 21.08.2022. 5. It is submitted on behalf of the petitioner that the co-accused have granted bail by this Court and the present petitioner-accused also stands on the same footing and therefore sought for grant of bail. 6. Learned High Court Government Pleader however opposes the grant of bail. 7. Perused the material on record including the order passed by this Court in respect of co-accused persons where the co-accused persons have been enlarged on bail. 8. Taking note of the fact that the trial is concluded, continuation of the accused-petitioner in judicial custody is no longer warranted and also on the ground of parity, the petitioner has made out a case for grant of bail. 9. Hence, the following: ORDER The petition is allowed.
8. Taking note of the fact that the trial is concluded, continuation of the accused-petitioner in judicial custody is no longer warranted and also on the ground of parity, the petitioner has made out a case for grant of bail. 9. Hence, the following: ORDER The petition is allowed. The petitioner-accused No.5 shall be released on bail in Cr.No.133/2019 of Ullal Police Station, Mangaluru for offence punishable under Sections 143, 147, 148, 120B, 364, 201 read with 149 of IPC, subject to following condition: i. The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for like-sum to the satisfaction of the jurisdictional Court. ii. The petitioner shall not indulge in tampering the prosecution witnesses. iii. The petitioner shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the court for any genuine cause. iv. The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of. v. The petitioner shall not involve in any criminal activities. If any of the above conditions are violated, the prosecution is at liberty to seek cancellation of this bail order. Ordered accordingly.