Shankar Manjugowda @ Chandru Putta vs State Of Karnataka

S Vishwajith Shetty, J

Accused No.1 in Crime No.50/2022 registered by Arehalli Police Station, Hassan District for the offences punishable under Sections 399, 402 and 379 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for short) is before this Court seeking regular bail.

Heard the learned counsel for the parties.

On the basis of complaint lodged by one Shrikanth S. N., Circle Inspector of Police, Halebeedu Circle, Hassan District, the Station House Officer of Hassan panchayath registered FIR in Crime No.50/2022 against petitioner and five others for the aforesaid offences. As per the complaint averments it is seen that on 18.06.2022 at about 10.00 a.m., when the complainant was conducting search of vehicles, a silver colour TATA Sumo bearing registration No.Ka-01-AB-1421 came from Sakaleshpura towards Belur and on seeking the police, they tried to escape. Therefore, the said vehicle was chased and intercepted. Thereafter, on enquiry, the complainant found that the inmates of the vehicle were carrying deadly weapons and chilly powder in the vehicle therefore, the complainant suspected that they were preparing to commit decoity. In this back ground, he had lodged a complaint, which had resulted in registering FIR in Crime No.50/2022.

During the course of investigation, petitioner was arrested on 18.06.2022. His bail application filed in Crl. Misc. No.1066/2022 before the Court of II Additional District and Sessions Judge, Hassan was dismissed on 19.09.2022. Under these circumstances, the petitioner is before this Court.

Learned counsel for the petitioner reiterating the grounds urged in the petition submits that the alleged offences against the petitioner are under Sections 399, 379 and 402 of IPC. Accused Nos. 2 and 3 have been already enlarged on bail by this Court in Crl. P. No.6598/2023, disposed of on 10.08.2022 and Crl.P. No.10268/2022, disposed of on 09.01.2023 and therefore, prays to allow the petition.

Per contra, the learned HCGP has opposed the bail application contending that the petitioner hails from Maharashtra and therefore, the petitioner is not entitled for bail.

From a perusal of the material available on record it is seen that suspecting the petitioners were attempting to commit decoity, the complainant lodged a complaint which had resulted in registering FIR in Crime No.50/2022 against five accused persons for the offences punishable under Sections 399, 402 and 379 of IPC. The allegations as against all the accused persons are common. This Court has already enlarged the accused Nos.2 and 3 on bail in Crl.P. No.6598/2023 and Crl.P. No.10268/2022 respectively. From perusal of the cause-title in Crl.P.10268/2022, it is seen that even accused No.3 hails from Maharashtra. The petitioner, who is in custody since 18.06.2022 is, therefore, entitled for the relief of regular bail on the ground of parity. Under these circumstances, I am of the view that the petitioner has made out prima facie case for grant of regular bail. Accordingly, the following:

ORDER

The Criminal Petition is allowed.

The petitioner/accused No.1 is directed to be enlarged on bail in Crime No.50/2022 registered by Arehalli Police Station, Hassan District for the offences punishable under Sections 399, 402 and 379 of IPC, subject to the following conditions:

a) Petitioner/accused No.1 shall execute personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs only) with one surety for the likesum, to the satisfaction of the Committal Court;

b) Petitioner shall not tamper with the prosecution witnesses directly or indirectly;

c) Petitioner shall not indulge himself in similar offences strictly;

d) Petitioner shall take the trial without causing any delay; and

e) Petitioner shall not leave the jurisdiction of this Court without prior permission.

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