Karnataka High Court
Prashanth vs The State Of Karnataka on 16 May, 2017
Crl.P.No.1632/2017
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF MAY 2017
BEFORE
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL PETITION NO.1632 OF 2017
Between:
Prashanth,
S/o. Late Sri. Muniraju,
Aged about 21 years,
R/at No.308, 6th Cross,
3rd Main, Lakshmidevinagara,
Bengaluru - 560 058. ...Petitioner
(By Sri. Pradeep Naik K., Advocate)
And:
The State of Karnataka,
By RMC Yard Police Station,
Bengaluru - 560 058. ...Respondent
(By Sri. K. Nageshwarappa, HCGP)
This petition is filed under Section 439 of the Code
of Criminal Procedure, praying to enlarge the petitioner
on bail in Cr.No.224/2016 of RMC Yard Police Station,
Bengaluru City, for the offence punishable under
Sections 394, 395 and 397 of IPC.
Crl.P.No.1632/2017
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This petition coming on for Orders this day, the
Court made the following:
ORDER
The petitioner is seeking bail in Crime No.224/2016 of R.M.C. Yard Police Station. Petitioner and the other accused are charge-sheeted in the said case for the offence punishable under Section 395 IPC. It is submitted that now the case is committed to the Sessions Court and pending in S.C.No.550/2017 before the Additional City Civil & Sessions Judge (CCH-69), Bengaluru.
2. It is alleged that accused Nos.1 to 5 on 29.12.2016 at 05.45 A.M. when CW1 was walking near CMTI Junction, 1st Main Road, RMC Yard, Tumkur Road, the accused robbed him of his Micro Max Mobile phone and cash of Rs.500/-. As per charge sheet records the robbed mobile phone are seized from the Crl.P.No.1632/2017 -3- custody of accused Nos.1 and 2. The petitioner is shown as accused No.3 in the charge sheet.
3. This Court in Crl.P.No.2040/2017 has already granted bail to accused No.2 from whom the alleged subject matter of the offence is recovered. Initially the name of the petitioner was not disclosed in the F.I.R.
4. Having regard to the aforesaid facts and the principle of parity, the petitioner is entitled to bail. Accordingly the petition is allowed. Petitioner is granted bail in Crime No.224/2016 registered by the respondent-police subject to the following conditions:
(i) He shall execute a personal bond for Rs.50,000/- with one local surety for the likesum to the satisfaction of the concerned Court.
(ii) He shall attend the Court on all hearing dates regularly and co-operate for trial.Crl.P.No.1632/2017 -4-
(iii) He shall mark his attendance before SHO of the respondent-Police station on every alternate Thursday till the conclusion of the trial.
(iv) He shall not indulge in any criminal activities and shall not tamper the prosecution witnesses.
SD/-
JUDGE SV