Muniraju @ Muni vs State of Karnataka

Budihal R.B., J.—This petition is filed by petitioner-accused No. 5 u/s 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 399 and 402 of IPC registered in respondent-police station Crime No. 4/2014.

The case of the prosecution in brief is that the Kamakshipalya police registered the case in Crime No. 4/2014 and arrested the petitioner for the alleged offences stating that the petitioner along with other accused persons by holding deadly weapons like long, chopper, clubs and other weapons were making preparation to commit the robbery and on credible information, the complainant sub-Inspector along with his staff went there and found some persons were holding deadly weapons and trying to peep through the road and looking for the vehicles. Immediately, they apprehended five persons and weapons were seized. On the basis of the complaint, a case has been registered.

Heard the arguments of the learned counsel for the petitioner-accused No. 5 and also the learned Government Pleader for the respondent-State.

Learned counsel for the petitioner submitted that since from the date of arrest, the petitioner is in custody and according to the Investigating Officer nothing is to be seized from the present petitioner. Accused Nos. 2 and 3 have been already granted with bail, as such, on the ground of parity, by imposing reasonable conditions, petitioner may be admitted to bail.

As against this, learned Government Pleader submitted that at the instance of the present petitioner a club has been seized by the Investigating Officer. The matter is also still under investigation and hence, petitioner is not entitled to be released on bail.

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

I have also perused the copy of the orders passed in respect of accused No. 2/Thimmesh and Accused No. 3/Sumanth by the Sessions Court. As it is contended by the learned counsel for the petitioner that so far as the present petitioner is concerned, nothing is to be recovered and also as it is the case of the prosecution that recovery has been already done at the instance of the present petitioner and the offences alleged are not exclusively punishable with death or imprisonment for life, regarding the apprehension of the prosecution, reasonable conditions can be imposed, which will safeguard the interest of the prosecution. Therefore, looking to the materials on record and as two of the accused persons have been already granted with bail under the same set of allegations, the present petitioner is also entitled to be released on bail.

Accordingly, petition is allowed. Petitioner-accused No. 5 is ordered to be released on bail of the offences punishable under Sections 399 and 402 of IPC registered in respondent-police station Crime No. 4/2014, subject to following conditions:--

(i) Petitioner shall execute a bond for a sum of Rs. 50,000/- and furnish one surety for the like sum to the satisfaction of concerned Court.

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

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