Karnataka High Court
Ravi @ Ltte Ravi vs The Station House Officer on 6 March, 2014
Author: R.B Budihal
Bench: R.B Budihal
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 06TH DAY OF MARCH 2014
BEFORE
THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.353 OF 2014
BETWEEN:
RAVI @ LTTE RAVI
S/O. GURUSWAMY NAIDU
AGED ABOUT 42 YEARS
R/O. BATTERY FACTORY
MANJUSHREE GARMENTS
TIGALARAPALYA MAIN ROAD
BANGALORE
PIN-500061.
... PETITIONER
(BY SRI MADHUSUDHAN M. E, ADV.)
AND:
THE STATION HOUSE OFFICER
RAJGOPAL NAGAR POLICE STATION
BANGALORE
REP. BY PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BANGALORE
PIN-500072.
...RESPONDENT
(BY SRI.K.NAGESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.339/13
OF RAJAGOPAL NAGAR P.S., BANGALORE CITY, AND IN
C.C.NO.14463/13 ON THE FILE OF THE VII ADDL.C.M.M.,
2
BANGALORE, FOR THE OFFENCES P/U/S 399 AND 402 OF
IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER
This is the petition filed by the petitioner - accused No.4 under Section 438 of Cr.P.C., seeking anticipatory bail to direct the respondent-police to release the petitioner on bail in the event of arrest of the petitioner for the alleged offences punishable under Sections 399 and 402 of IPC registered in the respondent - police station Crime No.339/2013 and now pending in CC No.14463/2013.
2. Heard the arguments of the learned counsel for the petitioner - accused No.4 and also learned High Court Government Pleader for the respondent - State.
3. Learned counsel for the petitioner during the course of his arguments submitted that the present petitioner was not at all involved in the commission of 3 the alleged offence and he has been falsely implicated in the case by the respondent-police. He also made the submission that accused Nos.1 and 2 from whom it is alleged that some recoveries have been made even granted bail by the order of this Court and now the investigation of the case has been completed and charge sheet has been filed. Counsel also made the submission that by imposing any reasonable conditions, the present petitioner be admitted to bail.
4. As against this, the learned High Court Government Pleader during the course of his arguments submitted that there are recoveries made to show the involvement of the petitioner, as well as the other accused persons in the alleged offence. He also made the submission that the present petitioner absconded and not at all made available to the Investigating Officer and hence, submitted that if granted with bail, he may abscond and tamper the prosecution witnesses. Hence, he submitted to reject the bail petition. 4
5. I have perused the averments made in the bail and other materials placed on record.
6. According to the submissions made by both the sides, investigation of the case has been completed and charge sheet has been filed. The offences alleged are not exclusively punishable with death or imprisonment for life. It is the contention of the petitioner that he was not at all involved in the commission of the alleged offences and he has undertaken in the bail petition that he is ready to abide by any conditions imposed by this Court. Therefore, looking to the materials placed on record and as accused Nos.1 and 2 have already been granted bail and since, the allegations in the complaint are one and the same against all the accused persons and on the ground of parity also, the present petitioner is entitled to be admitted to bail.
7. Accordingly, petition is allowed. The respondent - police are directed to release the petitioner 5 on bail in the event of arrest of the petitioner for the alleged offences punishable under Sections 399 and 402 of IPC registered by the respondent - police in Crime No.339/2013, subject to the following conditions:
(i) The petitioner shall execute a
personal bond for a sum of
Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall not tamper with any of the prosecution witnesses directly or indirectly.
(iii) The petitioner shall make himself available to the Investigating Officer for interrogation whenever called for.
(iv) The petitioner shall appear before the concerned Court within thirty days from the date of this order and execute the personal bond, as well as the surety bond.
Sd/-
JUDGE GH