Srinivasa @ Kitty @ Cable Kitty vs State Of Karnataka

S Vishwajith Shetty, J

Accused No.9 in S.C.No.193/2024 pending before the Court of VI Addl. District and Sessions Judge, Tumakuru arising out of Crime No.279/2023 registered by Huliyurudurga Police Station, Tumakuru District for the offences punishable under Sections 143, 147, 148, 120B, 341, 302, 201 r/w 149 of IPC is before this Court under Section 439 of Cr.P.C, seeking regular bail.

Heard the learned counsel appearing for the parties.

FIR in Crime No.279/2023 was registered by Huliyurudurga Police Station, Tumakuru District for the initially for the offences punishable under Sections 143, 147, 148, 120B, 114, 302 R/w 149 of IPC against one Auto Rama and 6 others, on the basis of first information dated 30.12.2023 received from Sri Venkatarama alias Ooty, who is the father of deceased Suresha. During the course of investigation, the petitioner herein was arrested and remanded to judicial custody on 06.01.2024. Investigation in the case is complete and charge sheet has been filed against 21 persons. The petitioner herein is arraigned as accused No.9 in the charge sheet filed for the aforesaid offences.

The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.208/2025 was dismissed on 22.02.2025. Therefore, he is before this Court.

Learned Senior Counsel appearing for the petitioner submits that allegation found against accused No.8 and 12 and the petitioner herein are similar. Accused No.8 has been granted regular bail by this Court in Crl.P.no.144/2025 and accused no.12 has been granted regular bail by this Court in Crl.P.No.2113/2025. The petitioner has no other antecedents. Accordingly, he prays to allow the petition.

Per contra, learned Addl. SPP who has opposed the petition however, does not dispute the submission made by the learned Senior Counsel appearing for the petitioner

Perusal of the material on record would go to show that, the allegation against the petitioner herein is similar to accused Nos.8 and 12, who have been granted regular bail by this Court in Crl.P.no.144/2025 and Crl.P.No.2113/202. Though in the charge sheet it is alleged that accused Nos.3, 5, 6 and 8 to 13 are the assailants in the present case, the alleged eye witnesses CWs.2 and 3 have not made any specific overt acts against other accused persons except accused No.3. Under these circumstances, this Court has granted regular bail to accused nos.8 and 12. Therefore, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively on the ground of parity.

Accordingly, the following:

ORDER

The petitioner is directed to be enlarged on bail in S.C.No.193/2024 pending before the Court of VI Addl. District and Sessions Judge, Tumakuru arising out of Crime No.279/2023 registered by Huliyurdurga Police Station, Tumakuru District for the offences punishable under Sections 143, 147, 148, 120B, 341, 302, 201 r/w 149 of IPC, subject to the following conditions:

a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The petitioner shall not involve in similar offences in future;