Karnataka High Court
Lokesh Raj Urs @ Lokesh vs State Of Karnataka on 25 February, 2014
Author: R.B Budihal
Bench: R.B Budihal
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 25TH DAY OF FEBRUARY 2014
BEFORE
THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.75/2014
AND
CRIMINAL PETITION NO.864/2014
IN CRIMINAL PETITION No.75/2014:
BETWEEN:
Lokesh Raj Urs @ Lokesh
S/o Venkatesh Raje Urs
Aged about 32 years
R/at Honganuru Village
Channapatna Taluk
Ramanagara District-562 117 ... Petitioner
(By Sri Vijaya Rajaarsu R. Adv.)
AND:
State of Karnataka
Bannur Police Station Mysore District
Rep. by SPP, High Court building
Bangalore-560 001
... Respondent
(By Sri K. Nageshwarappa, HCGP)
This Criminal Petition is filed under Section 439
Cr.P.C. praying to enlarge the petitioner on bail in
Cr.No.241/2013 of Bannur P.S., Mysore Dist., for the
offence P/U/S 120B, 468 489A, 489B, 489C, 489D,
489E of IPC.
2
IN CRIMINAL PETITION No.864/2014:
BETWEEN:
Sampath Kumar @ Sampath
S/o Shivanna
Aged 22 years
R/o Yerehalli Village & Post
Ramanagara Taluk-562 159 ... Petitioner
(By Sri Manjunath B.R. Adv.)
AND:
State of Karnataka by
Bannur Police, Mysore District
Rep. by State Public Prosecutor,
High Court building
Bangalore-560 001. ... Respondent
(By Sri K. Nageshwarappa, HCGP)
This Criminal Petition is filed under Section 439
Cr.P.C. praying to enlarge the petitioner on bail in
Cr.No.214/2013 of Bannur P.S., Mysore Dist., for the
offence P/U/S 120B, 468 489A, 489C, 489B, 489E of
IPC.
These Criminal Petitions coming for orders on this
day, the Court made the following:
3
ORDER
These petitions are filed by petitioners/accused Nos. 1 and 2 under Section 439 of Cr.P.C., seeking their release on bail for the offences punishable under sections 120B, 468 489A, 489C, 489B, 489E of IPC. registered under respondent Police Station Crime No. 214/13 and since common question of law is involved in both the petitions and both are in respect of the same crime number they are disposed of together by passing a common order.
2. Heard the arguments submitted by the learned counsel appearing for the petitioners/accused Nos. 1 and 2 in respect of both the petitions and also heard the learned High Court Government Pleader for the respondent-State.
3. Learned counsel appearing for the petitioners/accused Nos. 1 and 2 during the course of 4 their arguments submitted that accused No.3 has already approached this court and this court has allowed the petition and granted bail to accused No.3. The counsel further made the submission that looking to the averments made in the complaint, same allegations are made against the accused Nos. 1 to 3. It is also the case of the prosecution that from all the accused persons, i.e., 1, 2 and 3, mobile phones and black color papers which are of the size of the currency notes were seized from them. Hence they made the submission that when the same set of allegations are made against all the accused No.s 1 to 3, on the ground of parity, these present petitioners may also be granted with bail.
4. As against this the learned Government Pleader during the course of his arguments submitted that there is seizure of mobile phones and the papers which are resembling the currency notes and they were in black color paper. Hence he submitted that looking to the materials seized during the investigation from the 5 possession of the accused Nos. 1 to 3, it goes to show prima facie involvement of the present petitioners also in the commission of the alleged offence and hence they are not entitled to be released on bail.
5. Perused the averments made in both the petitions and materials produced on record. I have also perused the order passed by this court dated 29.01.2014 in Crl.P.19/2014, which is the petition filed by accused No.3 in respect of the same crime Number. The entire merits of the case have been considred by this court and ultimately the petition was allowed and accused N3.3 has been granted with bail. Therefore on the ground of parity, the present petitioners/accused Nos. 1 and 2 are also ordered to be released on bail for the offences punishable under sections 120B, 468 489A, 489C, 489B, 489E of IPC, registered under respondent-Police Station Crime No. 214/13 Accordingly both the petitions are allowed subject to following conditions:
6i. The petitioners / accused Nos.1 and 2
have to execute a personal bond for Rs.50,000/- (Rupees Fifty Thousand only) each and to furnish one solvent surety for the likesum to the satisfaction of the concerned Court.
ii. The petitioners shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. The petitioners have to appear before the concerned Court regularly.
Sd/-
JUDGE Bsv