High CourtsSingle Bench(2009) 03 KAR CK 0011

Viji @ Vijay Kumar vs State of Karnataka

Karnataka High Court · Decided on 18 March 2009

HON’BLE JUDGES
V. Gopala Gowda, J
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 598 of 2009

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Judgment

4 paragraphs · 180 words
1.

This petition is filed u/s 439 Cr. P.C seeking to enlarge the petitioner on bail.

2.

Heard the learned Counsel for the petitioner and Addl. Public Prosecutor. Perused the order of learned District Judge, who declined to exercise the discretionary power and rejected the bail petition of the petitioner.

3.

Learned Counsel for the petitioner brought to my notice that in respect of 12 co-accused persons, this Court has granted bail. He rightly pointed-out that on the basis of the statement of CW-16 Suresh the learned Sessions Judge declined to grant bail to the petitioner. From that statement I am prima facie satisfied that petitioner is entitled to bail, especially when other accused persons are on bail.

4.

Accordingly, the petition is allowed. The petitioner is enlarged on bail subject to the conditions that he shall execute, a personal bond for a sum of Rs. 50,000/-with one surety for the like sum. that he shall not tamper with prosecution witnesses and shall co-operate with the investigating officer and he shall not leave the jurisdiction of Sessions Court. Without Permission