Karnataka High Court
Siddagangappa vs State By Kyathasandra Police Station on 8 July, 2022
Author: V. Srishananda
Bench: V. Srishananda
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 08TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR. JUSTICE V. SRISHANANDA
CRIMINAL PETITION NO.4009 OF 2022
BETWEEN:
SIDDAGANGAPPA
S/O DODDANNA
AGED ABOUT 46 YEARS
R/AT LINGASANDRA VILLAGE
DODDERI HOBALI
MADHUGIRI TALUK
TUMAKURU DISTRICT - 572 112.
... PETITIONER
(BY SRI. H.V. MANJUNATHA, ADVOCATES)
AND:
STATE BY KYATHASANDRA POLICE STATION
TUMAKURU
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE - 560 001.
... RESPONDENT
(BY SRI. S. VISHWA MURTHY, HCGP)
THIS PETITION IS FILED UNDER SECTION 439
CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL
IN S.C.NO.5593/2022 (CR.NO.14/2022) OF
KYATHASANDRA P.S., TUMAKURU DISTRICT FOR THE
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OFFENCE P/U/S 9B OF EXPLOSIVE SUBSTANCES ACT AND
SECTION 25A, 25, 1A, 25(1AA), 28, 29A OF ARMS ACT ON
THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN) AND
J.M.F.C ACT TUMAKURU AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:-
ORDER
Heard Sri. H.V.Manjunatha, learned counsel for the petitioner and Sri S. Vishwa Murthy, learned High Court Government Pleader for the respondent-State and perused the records.
2. This Court earlier rejected the bail application of the petitioner when the same was filed at the stage of investigation.
3. Brief facts of the case reveal that based on the report given by the Police constable by name Sri.Kiran T.H. CPC No.296, Kyathasandra Police registered a case in Crime No.14/2022 for the offence punishable under Sections 3,5, 25(1-A), 25 1(1-B), 3 28, 29 (A) of Arms Act, 1959 and 9B of Explosive Substance Act, 1908.
4. Learned counsel for the petitioner cannot sought for bail on the ground that charge sheet is filed and therefore, custodial trial of the petitioner is not necessary. He also contended that Coordinate Bench of this Court in Crl.P.No. 4161/2022 has granted bail for accused Nos.5 and 6, who were also similarly placed as that of the present petitioner in this case and sought for grant of bail on the ground of parity.
5. Memo with the copy of the order passed in Crl.P.No.4161/2022 is placed before this Court.
6. On perusal of the material on record, it is seen that the said order passed by the Coordinate Bench of this Court in Crl.P.No.4161/2022 is passed after hearing of the prosecution.
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7. Having regard to the fact that the present petitioner is standing on the same footing as that of the accused Nos. 5 and 6, who have been granted bail by coordinate bench of this Court, on the ground of parity, present petitioner is also entitled for grant of bail. Accordingly, I pass the following;
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in connection with in C.C.No.5593/2022 (Crime No.14/2022) of Kyathasandra Police Station, Tumakuru District, for the offences punishable under Sections 25A, 25(IA), 25(IAA), 28 and 29(A) of Arms Act and Section 9B of the Explosive Substances Act, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.2,00,000/- (Rupees Two 5 Lakhs only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against him is disposed of.
Sd/-
JUDGE RU