Karnataka High Court
State Of Karnataka By vs Ashwin Yarabati @ Ashwin Rao on 19 September, 2016
Author: Rathnakala
Bench: Rathnakala
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF SEPTEMBER 2016
BEFORE
THE HON'BLE MRS.JUSTICE RATHNAKALA
CRIMINAL PETITION NO.8842/2015
C/W
CRIMINAL PETITION NO.5499/2016
IN CRL.P. NO.8842/2015
BETWEEN:
STATE OF KARNATAKA BY
SPL.INVESTIGATING TEAM
NO.1, CARLTON HOUSE
CID OFFICE, PALACE ROAD,
BENGALURU CITY - 560 001.
REP. BY ITS SPL. PUBLIC PROSECUTOR ...PETITIONER
(BY SRI C.H.JADHAV, SENIOR ADVOCATE FOR
SRI S.V.VADAVADAGI, SPL.PP)
AND:
ASHWIN YARABATI @ ASHWIN RAO
S/O BHASKAR RAO, AGE: MAJOR
NO.C-609, RAINBOW VISTAS APARTMENT
OPP: TO IDL FACTORY
MOOSAPET, HYDERABAD
PRESENTLY IN JUDICIAL CUSTODY AT
PARAPPANA AGRAHARA - 560 100. ...RESPONDENT
(BY SRI P.N.HEGDE, ADVOCATE)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
(2) OF CR.P.C., PRAYING TO SET ASIDE THE ORDER PASSED BY
THE XXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE
(SPECIAL JUDGE), BENGALURU URBAN DISTRICT (CCH-24),
BENGALURU DATED 07.11.2015 IN CRL.MISC.NO.6317/2015.
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IN CRL.P. NO.5499/2016
BETWEEN:
SRI N.NARASIMHA MURTHY
AGED ABOUT 40 YEARS
S/O LATE NANJUNDAIAH
NO.1059, 3RD BLOCK, 3RD STAGE,
5TH 'A' MAIN ROAD,
BASAVESHWARANAGAR,
BANGALORE - 560 079.
[NOW IN JUDICIAL CUSTODY AT THE
CENTRAL PRISON, BANGALORE] ...PETITIONER
(BY SRI C.V.NAGESH, SENIOR ADVOCATE FOR
SRI K.RAGHAVENDRA, ADVOCATE)
AND:
STATE OF KARNATAKA
BY THE SPECIAL INVESTIGATION TEAM
CRIMINAL INVESTIGATION DEPARTMENT
BANGALORE - 560 001. ...RESPONDENT
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.62/2015 (SPL.C.C.NO.592/2015) OF KARNATAKA
LOKAYUKTHA, BANGALORE FOR THE OFFENCE P/U/S 420 AND
120(B) OF IPC AND SEC.8 AND 9 OF P.C.ACT.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Crl.P.No.8842/2015 is filed by the prosecution to cancel the bail order granted in favour of accused No.2 by the Trial Court.
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Crl.P.No.5499/2016 is filed by the third accused under Section 439 of Cr.P.C. in respect of crime registered by the respondent - Police in Crime No.62/2015 and now chargesheeted before the Special Court, Lokayuktha in SPl.C.C.No.592/2015 in respect of the offences punishable under Sections 420 and 201 read with 120-B of IPC and under Sections 8 and 9 of the Prevention of Corruption Act, 1988.
2. In Crl.P.No.8842/2015, it is not a case of the prosecution that the respondent/accused No.2 has violated any of the conditions imposed on him by the Trial Court while enlarging him on bail. In view of the matter, the circumstances do not warrant cancellation of his bail order. The petition is rejected accordingly.
3. Insofar as Crl.P.No.5499/2016 is concerned, having regard to the nature of allegation and due to the fact that the matter before the Trial Court is at the stage of hearing before Charge and the petitioner is in custody -4- for more than a year, in the given circumstance, I am of the opinion that there is no impediment to enlarge him on bail subject to conditions.
Accordingly, Crl.P.No.5499/2016 is allowed. The petitioner - accused No.3 is granted bail in Crime No.62/2015 (Spl.C.C.No.592/2015) registered by the respondent - Police subject to the following conditions:
1. He shall execute a self-bond for Rs.1,00,000/- (Rupees One Lakh Only) with one local solvent surety for the likesum to the satisfaction of the Trial Court. The Trial Court while accepting the surety shall examine the original document offered by the surety to prove his solvency.
2. He shall not prevail upon or terrorise the prosecution witnesses.
3. He shall appear before the Court regularly and he shall not seek unnecessary adjournments.
Sd/-
JUDGE LB/-