Krishna Murthy @ Kitty vs State of Karnataka

K.N. Keshavanarayana, J.—This Petitioner has been arraigned as accused No. 4 in S.C. No. 75/11 on the file of Fast Track Court-IV, Bangalore Rural District, registered for the offence punishable u/s 395 of IPC.

The case of the prosecution in brief, is as under: On 30.04.2010 at about 4.00 a.m., the complainant and his friend one Nagabhushan were proceeding towards their native village near Budigere Cross on a motorcycle. CW1 was riding the motorcycle and CW2 was sitting as pillion rider. At that time, three persons coming on a motorcycle from behind called out CW1. Therefore, CW1 stopped the motor cycle. At that time the rider of the motor cycle, which was coming behind slopped in front of the motor cycle of CW1 and demanded CWs.1 and 2 to give away whatever valuables they have and threatened them. Thereafter CW1 gave away his one gold ring weighing about 4 grams. The culprits took away cash of Rs. 2,500/- which was in possession of CW1, a mobile phone and Rs. 600/- from CW2, after removing the battery and sim card of the mobile phone they returned the mobile hand set to CW2 and thereafter they went away from the place.

CWs.1 and 2 went to Hoskote Police Station, which was nearby and informed the police. Immediately Police accompanied by CW1 and CW2 came towards the scene of occurrence. On the way the very same culprits along with three other persons in another bike were coming from the opposite direction. On seeing them, CWs.1 and 2 shouted to capture them, but the culprits leaving their bikes ran away from the place.

The police took away the two motor cycles left behind by culprits to their custody. Thereafter CW1 lodged the report about the incident and a case came to be registered for offence u/s 392 of IPC against 3 unknown persons and investigation was taken up. During investigation of some other case, the police came to know about the complicity of accused No. 1 N. Prakash, in that case, with the help of the accused persons who had been lodged in Bellary jail, on 19.08.2010.

During interrogation, accused No. 1 said to have disclosed his complicity in the commission of offence involved in Crime No. 170/2010. He also said to have disclosed the complicity of this Petitioner and other accused in the commission of the offence. Therefore this Petitioner was arraigned as accused No. 4. During investigation this Petitioner was apprehended and when produced before the learned Magistrate, he was remanded to judicial custody. As the prayer made for bail before the learned Sessions Judge came to be rejected, the Petitioner is before this Court in this petition.

It is the submission of the learned Counsel for the Petitioner that the Petitioner is entitled to be enlarged on bail on the principles of parity since this Court has already granted bail to accused Nos. 2, 3 and 5 in Crl.P. No. 2446/11. As noticed supra, the case was initially registered against 3 unknown persons and the complicity of this Petitioner alleged to have been disclosed by the statement of the co-accused. No Test Identification Parade has been conducted during the investigation to establish the complicity of this Petitioner in the commission of the offence. Having regard to the fact that accused Nos. 2, 3 and 5 who were similarly placed have already been granted bail, I do no find any ground to deny the relief of bail to this Petitioner In this view of the matter, the Petitioner is entitled to be enlarged on bail.

In the result, the petition is allowed. The Petitioner is ordered to be released on bail in connection with S.C. No. 75/11 on the file of Fast Track Court No. VI, Bangalore Rural District, subject to the following conditions:

(i) The Petitioner shall execute a personal bond for a sum of Rs. 50,000/- with two solvent sureties for the like sum to the satisfaction of the learned Sessions Judge;

(ii) He shall not intimidate or tamper with the prosecution witnesses in any manner;

(iii) He shall appear on all hearing elates before the court without fail;

(iv) He shall not indulge in any acts similar to the one alleged in the case and

(iv) He shall mark his attendance in the Jurisdictional Police Station on every Sunday between 10.00 a.m. and 5.00 p.m. till the conclusion of the trial case.