C. K. Kiran @ Complan vs State Of Karnataka

K. Natarajan, J

This petition is filed by petitioner/accused No.3 under Section 439 of Cr.P.C., for granting bail in Crime No.13/2021 registered by Hanumanthnagar

Police for the offences punishable under Section 229(A) of IPC and Sections 25-1(b) and 27 of Arms Act.

The case of the prosecution is that on the suo-moto complaint registered by Hanumanthnagar Police wherein it is alleged that on credible

information when they were patrolling duty at 4.30 a.m. on 28.01.2021, six persons were assembled with deadly weapons near Rammandir for

committing dacoity, immediately, the police apprehended them and they are already rowdysheeter in the police station. Immediately, they have been

taken to the custody and seized the weapons from the hands of the accused and remanded them to judicial custody. The petitioner has approached the

Sessions Court for grant of bail, which came to be rejected. Hence, he is before this Court.

Learned counsel for the petitioner has contended that the petitioner is innocent of the alleged offence and he has been falsely implicated in the case.

Even otherwise, offence under Section 229(A) of IPC will not attract against him and it is attracted to accused No.1, who was absconding in the

earlier case and co-accused No.2 has been granted bail by this Court in Crl.P.No.2328/2021 dated 01.04.2021. On the ground of parity, this petitioner

is also entitled for bail. Hence, prayed for allowing the bail petition.

Per contra, the learned High Court Government Pleader has objected the bail petition and contended that he is a rowdysheeter and hence, prayed

for dismissal of the bail petition.

Upon hearing the arguments and on perusal of the records which goes to show that on 28.01.2021 at 4.30 a.m., the police apprehended this

petitioner along with other accused persons and recovered some deadly weapons. The main allegation against the accused is that he is a rowdysheeter

having so many cases registered against him but in none of the cases, he is acquitted and three cases are pending against him. The co-accused No.2

having similar allegation has been granted bail by this Court in Crl.P.No.2328/2021 dated 01.04.2021. The charge sheet is already filed. The presence

of this petitioner may not be required for further investigation. The main allegation is against accused No.1. Therefore, considering the facts and

circumstances of the case, I am of the view that petitioner/accused No.3 is entitled for bail on the ground of parity. Hence, I pass the following:

ORDER

The criminal petition is allowed.

The trial Court/Jurisdictional Magistrate is directed to release petitioner/accused No.3 on bail in Crime No.13/2021 registered by Hanumanthnagar

Police for the offences punishable under Section 229(A) of IPC and Sections 25-1(b) and 27 of Arms Act, subject to the following conditions:-

i) Petitioner shall execute personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for likesum to the satisfaction

of the trial Court;

ii) Strictly, the petitioner shall not indulge in similar type of offences;

iii) Petitioner shall not tamper with any of the prosecution witnesses directly or indirectly; and

iv) Petitioner shall appear and mark his attendance once in 15 days on every 2nd and 16th of the calendar month for a period of 6 months

between 10.00 a.m. and 4.00 p.m. till commencement of trial, whichever is later.

If any of the conditions are violated, the prosecution is at liberty to file an application for cancellation of bail.