Sayead Appu at Apsar Son of Ekbal. Vs. the State of KarnatakA. - Court Judgment

SooperKanoon Citationsooperkanoon.com/925591
SubjectCriminal
CourtKarnataka High Court
Decided OnMar-30-2012
Case NumberCRL.P.No.1583 OF 2012
JudgeK.N.KESHAVANARAYANA, J.
ActsIndian Penal Code (IPC) 1860 - Sections 399, 402 ; Code Of Criminal Procedure (Cr.P.C) 1973 - Section 439
AppellantSayead Appu at Apsar Son of Ekbal,
RespondentThe State of KarnatakA.
Advocates:Sri.A.S.Kulkarni Adv.
Excerpt:
[k.n.keshavanarayana, j.] this criminal petition is filed under section 439 of the code of criminal procedure praving to release the petitioner on bail in crime no. 17/2012 of devaraja police station, mysore, (c.c.no.721/2012) for the offences punishable under sections 399 and 402 of ipc.1. the petitioner who has been arrayed as accused no.1 in crime no. 17/2012 of devaraja police station. mysore city (c.c.no.721/12 on the file of additional first civil judge (jr.dn.) & jmfc. mysore). registered for the offences punishable under sections 399 and 402 of the indian penal code, has sought for an offer to enlarge him on bail.2. the petitioner along with six other accused persons said to have made preparations for committing acts of dacoity and they were apprehended at about 3.15 a.m. on 1.2.2012 near eastern gate of town hall mysore city. the petitioner's prayer for bail came to be rejected by the learned sessions judge, mysore. therefore, he is before this court under section 439 cr.p.c. seeking bail principally on the ground of parity since all other accused persons who are stated to be similarly placed, have already been enlarged on bail by this court.3. by order dated 28.3.2012. this court has granted bail to accused nos.2 to 7 in cri.p.no. 1443/2012. as noticed supra, the allegations made against this petitioner is similar to the allegations made against accused nos.2 to 7. therefore, the petitioner stands on the same looting as that of accused nos.2 to 7 who are already enlarged on bail. therefore, on the principles of parity, the petitioner is also entitled to be enlarged on bail.4. hence, the petition is allowed. the petitioner is ordered to be enlarged on bail in connection with the case in crime no. 17/2012 of devaraja police station. mysore city (cc.no.721/ 12 on the fire of additional first civil judge (jr.dn.) & jmfc, mysore), on his executing personal bond for a sum of rs.25,000/- with two sureties for the like sum to the satisfaction of the jurisdictional magistrate/sessions judge and subject to further conditions that.i) the petitioner shall not intimidate- or tamper with the prosecution witnesses in any manner;ii) the petitioner for the purpose of investigation shall appear before i he investigating officer whenever railed upon to do so and co-operate in the investigation of the case:iii) the petitioner shall not indulge in my acts similar to the one alleged in the case;iv) the petitioner shall appear on all hearing dates before the court without fail;v) the petitioner shall mark his attendance in devaraja police station. mysore city, on every 10th and 25th of each calendar month between 10:00 a.m. and 05:00 p.m. till the disposal of the case,
Judgment:

1. The petitioner who has been arrayed as accused No.1 in Crime No. 17/2012 of Devaraja Police Station. Mysore City (C.C.No.721/12 on the file of Additional First Civil Judge (Jr.Dn.) & JMFC. Mysore). registered for the offences punishable under Sections 399 and 402 of the Indian Penal Code, has sought for an offer to enlarge him on bail.

2. The petitioner along with six other accused persons said to have made preparations for committing acts of dacoity and they were apprehended at about 3.15 a.m. on 1.2.2012 near Eastern Gate of Town Hall Mysore City. The petitioner's prayer for bail came to be rejected by the learned Sessions Judge, Mysore. Therefore, he is before this Court under Section 439 Cr.P.C. seeking bail principally on the ground of parity since all other accused persons who are stated to be similarly placed, have already been enlarged on bail by this court.

3. By order dated 28.3.2012. this Court has granted bail to accused Nos.2 to 7 in CrI.P.No. 1443/2012. As noticed supra, the allegations made against this petitioner is similar to the allegations made against accused Nos.2 to 7. Therefore, the petitioner stands on the same looting as that of accused Nos.2 to 7 who are already enlarged on bail. Therefore, on the principles of parity, the petitioner is also entitled to be enlarged on bail.

4. Hence, the petition is allowed. The petitioner is ordered to be enlarged on bail in connection with the case in Crime No. 17/2012 of Devaraja Police Station. Mysore City (CC.No.721/ 12 on the fire of Additional First Civil Judge (Jr.Dn.) & JMFC, Mysore), on his executing personal bond for a sum of Rs.25,000/- with two sureties for the like sum to the satisfaction of the Jurisdictional Magistrate/Sessions Judge and subject to further conditions that.

i) The petitioner shall not intimidate- or tamper with the prosecution witnesses in any manner;

ii) The petitioner for the purpose of investigation shall appear before I he Investigating Officer whenever railed upon to do so and co-operate in the investigation of the case:

iii) The petitioner shall not indulge in my acts similar to the one alleged in the case;

iv) The petitioner shall appear on all hearing dates before the Court without fail;

v) The petitioner shall mark his attendance in Devaraja Police Station. Mysore City, on every 10th and 25th of each calendar month between 10:00 a.m. and 05:00 p.m. till the disposal of the case,