Karnataka High Court
Sri Rakesh Balasaheb Koot @ Khoot vs State Of Karnataka on 9 December, 2013
Author: Jawad Rahim
Bench: Jawad Rahim
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 9th DAY OF DECEMBER, 2013
BEFORE
THE HON'BLE Dr. JUSTICE JAWAD RAHIM
CRIMINAL PETITION NO.11606/2013
BETWEEN:
SRI. RAKESH BALASAHEB KOOT @ KHOOT
AGE: 23 YEARS, OCC: AGRICULTURE
R/O. KOGANOLI, TAL: CHIKODI
DIST: BELGAUM
... PETITIONER
(By Sri.SRINAND A. PACHCHAPURE, ADVOCATE)
AND:
STATE OF KARNATAKA
BY BASAVESHWAR CHOWK POLICE
STATION NIPPANI, TAL: CHIKODI
NOW REP. BY SPP
HIGH COURT OF KARNATAKA
BENCH AT DHARWAD.
... RESPONDENT
(BY SRI. V. M. BANAKAR, ADDL. SPP)
THIS CRIMINAL PETITION IS FILED U/S 439 OF
CR.P.C. SEEKING TO ENLARGE THE PETITIONER ON
BAIL IN CRIME NO.62/2013 OF BASAVESHWAR
CHOWK POLICE STATION, REGISTERED FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 395 AND
413 OF THE IPC.
2
THIS PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner who is 4th accused in Crime No.62/2013 is facing charge along with others for the offences punishable under Sections 395 and 412 of the IPC.
2. While in judicial custody he seeks bail, which is opposed by the State.
3. The prosecution case is based on the report of one Iranna Basappa Jeerage in which he alleged that, on 01.06.2013, when his brother Ramesh was sleeping near Reshma Dhaba, four unknown persons reached the spot in Maruti Car bearing No.MH-09/BC- 4388 and questioned his brother as to how he was illegally transporting Gutkha and on that pretext, snatched his mobile and cash and left the place. On the basis of the report submitted on 03.06.2013, the 3 Investigating Officer arrested the petitioner and others. On their voluntary statement, Gutkha packets are seized. As far as this petitioner is concerned, from his possession they recovered three Gutkha packets similar to the recovery made from the other co- accused.
4. Learned Counsel Sri.Srinand Pachchapure submits, the petitioner stands on the same footing like Anil @ Pinto Sidagonda Karavate and others, who were granted bail by this by order dated 22.10.2013 in Criminal No.11144/2013. He submits, except alleging that three packets of Gutkha were recovered from him, there is no other material collected so far to link the petitioner to the alleged dacoity on 01.06.2013.
5. Learned Addl. SPP could not dispute that petitioner stands on the same footing with the other 4 accused who have been granted bail by this Court in Crl.No.11144/2013.
6. In the circumstances, the petitioner is to be treated alike on the question of parity.
Hence, the petition allowed. The petitioner shall be released on bail subject to following conditions:
i. Petitioner shall execute a bond for a sum of Rs.25,000/- with one solvent surety for the like sum to the satisfaction of the jurisdictional Court.
ii. Petitioner is further directed to appear before the S.H.O or Investigating Officer in-charge of Crime No.62/2013 once in two weeks on Saturdays between 7.00 am and
7.00 pm till the commencement of the trial. 5 iii. The petitioners shall not tamper the prosecution material or prevail upon witnesses by any means.
iv. The petitioner shall not leave the Sessions jurisdiction of the Court without prior permission.
SD/-
JUDGE gab/-