Sri. Lokesh vs The State of Karnataka

K.N. Keshavanarayana, J.—The Petitioner herein has been arraigned as accused No. 1 in C.C. No. 196/11 on the file of the Principal Civil Judge (Jr. Dn.) and JMFC, Magadi, registered for the offence punishable u/s 392 read with Section 34 of IPC.

According to the prosecution, the Petitioner was apprehended on 21.4.2011 and from his possession, cash of Rs. 6,900/- came to be recovered. Thereafter he was subjected to judicial custody and since then he has been in judicial custody. The prayer made by the Petitioner herein for bail before the learned Sessions Judge came to be rejected. Therefore, the Petitioner is before this Court seeking the relief of bail.

The petition is opposed by the Respondent -State.

I have heard the learned Counsel appearing for the Petitioner and the learned High Court Government Pleader appearing for the Respondent - State. Perused the records made available.

It is submitted by the learned Counsel for the Petitioner that the other accused persons who are similarly placed have already been granted bail by this Court, therefore, on the principles of parity the Petitioner is entitled to be enlarged on bail. There is no dispute that accused Nos. 5 and 6 have already been enlarged on bail by this Court in Crl.P. Nos. 2906 and 2944 of 2011, respectively. Perusal of the allegations made in the complaint and the contents of the charge sheet produced along with the petition prima facie indicates that the Petitioner herein stands on the same footing as that of accused Nos. 5 and 6 who are already enlarged on bail. When similarly placed accused persons have been enlarged on bail, I find no ground to deny the relief of bail to this Petitioner. Therefore, the Petitioner is entitled to be enlarged on bail on the principles of parity.

In the result, the petition is allowed. The Petitioner is ordered to be released on bail in connection with Crime No. 78/11 of Kudur Police Station (C.C. No. 196/11 on the file of the Principal Civil Judge (Jr. Dn.) and JMFC, Magadi,), subject to the following conditions:

(i) The Petitioner shall execute a personal bond for- a sum of Rs. 50,000/- with two sureties for the like sum to the satisfaction of the learned Magistrate or 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 dates before, the court without fail;

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

(v) He shall mark his attendance with the jurisdictional police on every Thursday between 10.00 a.m. and 5.00 p.m. till conclusion of the trial case.