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Judgment
This petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C., seeking regular bail in Crime No.160/2016 of Raichur Rural Police Station, registered for the offence punishable under Section 397 of IPC.
Brief facts leading to filing of the complaint are that, the complainant along with his son were proceeding on a motorcycle on 18.08.2016 when they came near Heggasanahalli village, accused persons also came on a Bajaj Discovery motorcycle bearing Reg.No.KA-36/EB-7757 and another motorcycle bearing Reg.No.KA-36/EH-8632 stopped the motorcycle of the complainant and immediately they snatched the key of the motorcycle of the complainant and thereafter caught hold of the shirt of the person who was pillion on the motorcycle of the complainant and gave a life threat and thereafter with a common intention assaulted the complainant with hands on his head and back and thereafter they have snatched the gold chain, Samsung mobile and Rs.6,000/- and one silver finger ring and Rs.2,300/- which were with the complainant and the person who was pillion rider on the motorcycle of the complainant. On the basis of the said complaint a case has been registered against accused persons. During the course of investigation the accused persons have apprehended and now the accused - petitioner is in custody.
I have heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for respondent-State.
The main grounds urged by the learned counsel for the petitioner are that accused Nos.2 and 3 have already been released on bail, therefore, even on the ground of parity, the petitioner is entitled to be released on bail. He has also contended that the petitioner is innocent and he has not committed any offence alleged against him. The investigation has already been completed and the petitioner is no more required either for the purpose of interrogation or investigation. There is no previous history about the commission of the said offence against the petitioner. He has further contended that if the petitioner is released on bail, he is ready to abide by the conditions to be imposed by this Court and he is ready to offer sureties. On these grounds, he prays for allowing the petition.
On the contrary, learned High Court Government Pleader appearing for the respondent-State vehemently contended that the petitioner has involved in serious offence of snatching gold chain, mobile and silver articles by threatening the life of the complainant and another person. He has further contended that if the petitioner is released on bail, he may again involve in similar type of criminal activities and he may abscond and he may not be available for trial. On these grounds, he prays for dismissal of the petition.
I have gone through the contents of the complaint, FIR and other material produced along with the petition.
As could be seen from the records, the complaint came to be filed on 18.08.2016 against unknown persons. Accused Nos.2 and 3 have already been released on bail by this Court in Criminal Petition Nos.200161/2017 and 201404/2016. In that light, petitioner is also entitled to be released on bail on the ground of parity. Apart from this, as could be seen from the records made available before this Court, the charge sheet has been filed against the accused persons and the accused persons are not required either for the purpose of investigation or interrogation. Even the learned High Court Government Pleader has submitted that there are no records to show that he has involved in such type of criminal activities.
Keeping in view the above facts and circumstances of the case, I feel that if the petitioner is released on bail by imposing stringent conditions, it would safeguard the interest of the prosecution and it would meet the ends of justice.
For the aforementioned reasons, the petition is allowed and petitioner/accused No.1 is ordered to be released on bail, subject to the following conditions:
i) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two solvent sureties for the likesum to the satisfaction of the jurisdictional Court;
ii) The petitioner shall not indulge in tampering the prosecution witnesses;
iii) The petitioner shall make himself available to the Investigating Officer as and when required;
iv) The petitioner shall appear before the Trial Court regularly on all the dates of hearing without fail.
v) The petitioner shall not leave the jurisdiction of the concerned Court without its prior permission.