Karnataka High Court
Mr Meharaj vs The State Of Karnataka on 7 October, 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 07TH DAY OF OCTOBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE B.A. PATIL
CRIMINAL PETITION NO.4799 OF 2020
BETWEEN:
Mr. Meharaj S/o late Hassainar
Aged about 25 years
R/at Indira Nagar, Kolnad
Haleyangady, Village and Post
Mulky, Mangaluru Taluk
D.K.District-575231. ... Petitioner
(By Sri Lethif B, Advocate)
AND:
The State of Karnataka
By Mulki Police Station
D.K.District, Rep. by SPP
High Court Building
Bengaluru-560001. ...Respondent
(By Sri R D Renukaradhya, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C praying to enlarge the petitioner on bail in crime
No.139/2017 registered by Mulki Police Station,
Mangaluru, D.K., for the offence punishable under
-2-
Sections 143, 147, 148, 120(B), 448, 326, 395, 397 and
414 read with Section 149 of IPC and etc.,
This Criminal Petition coming on for Orders
through video conference this day, the Court made the
following:
ORDER
The present petition has been filed by petitioner- accused No. 5 under Section 439 of Cr.P.C., praying this Court to release him on bail in crime No.139/2017 registered by Mulki Police Station, Mangaluru, D.K., for the offence punishable under Sections 143, 147, 148, 120(B), 448, 326, 395, 397 and 414 read with Section 149 of IPC.
2. I have heard the learned counsel Sri Lethif B for petitioner - accused No.5 by virtual hearing and the learned High Court Government Pleader Sri R D Renukaradhya for the respondent - State.
3. The genesis of the case of the prosecution is that, on 25.10.2017 at about 1.00 pm, when the -3- complainant was alone in her house, one unknown person came to her house to enquire about payment of current bill and went back. After five minutes, he again came back to the house of the complainant and rang the door bell. When the complainant opened the door, the said youth caught hold of the neck of the complainant and assaulted on the head of the complainant with one hard instrument and when complainant fell down and lost consciousness, the said person took away gold Karimani sara, which was in the neck of the complainant and extorted six gold bangles, one coral gold-chain, necklace, ear stud etc. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner-accused No.5 that contents of the complaint disclose that allegation has been made as against the single person and after lapse of two years, the present petitioner has been apprehended that too on suspicion. Subsequently, the charge sheet has been -4- filed as against seven persons. No recovery has been made at the instance of the petitioner-accused No.5. It is his further submission that already under similar facts and circumstances, petitioner-accused No.2 has been released on bail in Criminal Petition No.4641/2020 dated 06.10.2020 and petitioner-accused No.4 has been released on bail in Criminal Petition No.3285/2020 dated 05.08.2020 and there are no serious overt act alleged as against the petitioner- accused No.5. On the ground of parity, petitioner- accused No.5 is entitled to be released on bail. It is his further submission that he is ready to abide by any of the conditions imposed by this Court and ready to offer sureties. On these grounds, he prays to allow the petition and to release petitioner-accused No.5 on bail.
5. Per contra the learned High Court Government Pleader vehemently argued and submitted that he has been involved in many more cases and he is a habitual offender. If he is released on bail, he may -5- indulge in similar type of criminal activities. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by learned counsel appearing for the parties and perused the records.
7. On perusal of records and contentions of the complaint it indicates that one person came and made enquiry with regard to the payment of the current bill and subsequently same person came and assaulted on the head with a hard instrument and took away the gold and other articles from the possession of the complainant. How and in what manner the petitioner- accused No.5 is connected to the alleged crime has not been specifically stated. The alleged crime is also not punishable with either death or imprisonment for life. If petitioner-accused No.5 is ordered to be released on bail, it is going to meet the ends of justice. -6-
8. In that light, the petition is allowed. Petitioner-accused No.5 is ordered to be released on bail in crime No.139/2017 registered by Mulki Police Station, Mangaluru, D.K., for the offence punishable under Sections 143, 147, 148, 120(B), 448, 326, 395, 397 and 414 read with Section 149 of IPC with following conditions:-
i) Petitioner-accused No.5 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the trial Court.
ii) He shall be regular in attending the trial Court proceedings.
iii) He shall not leave the jurisdiction of the Court without prior permission.
iv) He shall not threaten or tamper the prosecution evidence directly or indirectly.
v) He shall not indulge in similar type of criminal activities.
vi) He shall mark his attendance once in a month on every first in -7- between 10 a.m. and 5 p.m. till the trial is concluded.
vii) If any one of the condition is violated, the bail is liable to be cancelled.
Sd/-
JUDGE ssb