Manju vs The State of Karnataka

Budihal R.B., J.—This petition is filed by petitioner-accused No. 3 u/s 439 of Cr.P.C. seeking his release on bail of the offence punishable u/s 394 r/w Section 34 of IPC registered in respondent-police station Crime No. 219/2013.

Heard the arguments of the learned counsel for the petitioner-accused No. 3 and also the learned Government Pleader for the respondent-State.

Learned counsel for the petitioner during the course of his arguments submitted that accused No. 1 has been already granted bail by the Fast Track Court and accused Nos. 2 and 3 had applied for anticipatory bail before this Court and this Court has granted anticipatory bail, but before the order being passed petitioner has been arrested by the police. So he was not able to take the benefit of anticipatory bail order. Hence, submitted that on the ground of parity, the present petitioner is also entitled to be granted with bail.

As against this, learned Government Pleader during the course of his arguments submitted that there is a recovery at the instance of the present petitioner and the offence alleged u/s 394 of IPC is a serious offence, hence, petitioner is not entitled to be granted with bail.

I have perused the averments made in the bail petition and other materials placed on record.

Learned counsel for the petitioner has produced the copy of the bail order dated 18.1.2014 passed by this Court in Crl. P. No. 5873/2013, wherein the present petitioner was petitioner No. 2 in the said bail petition. This Court after considering the merits of the case ultimately, has allowed the petition and granted anticipatory bail. But it is the contention of the learned counsel for the petitioner herein that before passing of the order, the present petitioner was taken to custody, so he was not able to take the benefit of anticipatory bail order.

The offences alleged u/s 394 of IPC is triable by the Magistrate Court and not exclusively punishable with death or imprisonment for life. Petitioner has contended that he is totally innocent and is not involved in the commission of the alleged offence and is ready to abide by any reasonable conditions to be imposed by the Court.

Accordingly, petition is allowed. Petitioner is ordered to be released on bail of the offences punishable u/s 394 r/w Section 34 of IPC registered in respondent-police station Crime No. 219/2013, subject to following conditions:-

(i) Petitioner shall execute a personal bond for a sum of Rs. 25,000/- and furnish one surety for the like sum to the satisfaction of concerned Court.

(ii) He shall not intimidate or tamper with prosecution witnesses directly or indirectly.

(iii) He shall appear before the concerned Court regularly.