Harish vs State

K.N. Keshavanarayana, J.—The Petitioner herein has been arraigned as accused No. 22 in C.C. No. 185/11 on the file of JMFC, Mudigere, registered for the offences punishable under Sections 447, 380, 420, 120(B) of IPC, Sections 8 and 7 of the Essential Commodities Act, Section 15(2) of Petroleum Mineral Pipeline Act, 1962 and Section 3 of Prevention of Damage to Public Property Act.

According to the case of the prosecution, while the complainant Rakesh Thakla, Section incharge of Petronet M.H.B.L. company, Hassan was checking the pipelines, he found diesel smell and spillage from DB-3 Valve situated at Hireshigara village and immediately the Police Sub-Inspector of Gonibedu Police Station was requested to visit the spot. During investigation, it was found that there was deliberate damage to the petrol line to siphon the petrol product from the petrol line. Further investigation revealed the complicity of this Petitioner and other persons. Therefore, he was arraigned as accused No. 22. After completing the investigation, charge sheet has been filed for the aforesaid offences.

It is the contention of the Petitioner that he is innocent and he has not indulged himself in any of the alleged act and that he has been falsely implicated in the case.

The petition is opposed by the Respondent -State.

I have heard the learned Counsel appearing on both sides. Perused the records made available.

Learned Counsel for the Petitioner submits that few of the accused persons who are similarly placed have already been enlarged on bail by the Sessions Court as well as this Court, therefore, on the principles of parity, this Petitioner is also entitled to be enlarged on bail.

Perusal of the certified copies of the orders passed by both the Sessions Court and this Court indicates that several of the accused persons have already been enlarged on bail. This Petitioner stands on the same footing as that of the accused persons who have been enlarged on bail. Therefore, on the principles of parity, this Petitioner is also entitled to be enlarged on bail.

In the result, the petition is allowed. The Petitioner is ordered to be released on bail in C.C. No. 185/11 on the file of the JMFC, Mudigere, subject to the following conditions:

(i) The Petitioner shall execute a personal bond for a sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the learned Magistrate;

(ii) He shall not intimidate or tamper with the prosecution witnesses in any manner;

(iii) He shall appear on all hearing dates before the court without fail;

(v) He shall not Indulge in any acts similar to the one alleged in the case and

(vi) He shall mark his attendance with the jurisdictional police on every 15th of each calendar month, between 10.00 a.m. and 5.00 p.m. till conclusion of the trial case.