SHIVANANDA S/O MANJUNATHA vs THE STATE OF KARNATAKA BY THE POLICE OF CHANNAPATNA RURAL POLICE STATION

This petition is filed under Section 439 of Cr.P.C. seeking enlargement of petitioner on regular bail in Crime No.363/2016, registered by Channapatna Rural Police Station, Ramanagara for the offence punishable under Sections 399 and 402 of IPC. Petitioner herein is accused No.5 in the FIR registered by the Respondent Police.

Shri Chandrashekara, learned Counsel for the petitioner at the outset submits that the accused Nos.1 and 2 have been enlarged on bail in Crl.P.No.627/2017 and Crl.P.No.168/2017 respectively. He further submits that the police after investigation have filed charge-sheet and the overt- act alleged against the petitioner herein and the accused Nos.1 and 2 are similar. Accordingly, he prays for allowing this petition on the ground of parity.

Though the petition is opposed, learned HCGP does not dispute the fact that accused Nos.1 and 2 have been enlarged on bail as per orders in aforementioned petitions.

In the circumstances, applying the rule of parity, in my view, this petition merits consideration and deserves to be allowed. Accordingly, it is directed that:

(i) Petitioner shall be released on bail in Crime No.363/2016 registered by Channapatna Rural Police Station, Ramanagara upon his executing a self bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the like sum to the satisfaction of the jurisdictional Court;

(ii) Petitioner shall co-operate with the Investigating Officer during the further course of investigation, if any and appear before him as and when called upon;

(iii) Petitioner shall not directly or indirectly make any inducement, threat or promise to prosecution witness or any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or investigating officer;

(iv) Petitioner shall not involve himself in any criminal activities; and

(v) If the petitioner violates any one of the conditions, the prosecution shall be at liberty to seek cancellation of bail. Petition allowed.