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LATHIF v. STATE OF KARNATAKA BY
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25THDAY OF JUNE, 2015
BEFORE
THE HON'BLE MR JUSTICE L.NARAYANA SWAMY CRIMINAL PETITION No.3130/2015
BETWEEN:
LATHIF,
S/O LATE KOYA,
AGED ABOUT 38 YEARS,
RESIDING AT NO.54,
RAGHAVENDRA EXTENSION,
GHOUSIA NAGARA,
MYSORE-36,
... PETITIONER
(BY SRI SHYAM SUNDAR, ADV.)
AND:
STATE OF KARNATAKA,
BY YELAWALA POLICE STATION,
MYSORE DISTRICT,
INVESTIGATED BY C.I.D.
BANGALORE-36,
(REPRESENTED BY LEARNED
STATE PUBLIC PROSECUTOR).
... RESPONDENT
(BY SRI KESHAVA MURTHY, ADDL. SPP &
SRI NASRAULLA KHAN, HCGP)
THIS CRL.P FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETR. ON BAIL IN CR. NO.72/2014 OF YELAWALA P.S., MYSORE DIST. AND S.C.NO.271/2014 ON THE FILE OF THE III ADDL. S.J., MYSORE, FOR THE OFFENCE P/U/S 395, 120(B), 411 OF IPC AND SEC.13(1)(c) R/W 13(2) OF PREVENTION OF CORRUPTION
ACT, 1988.
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THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner is accused No.3 in Cr.No.72/2014 registered by the Yelawala Police Station for the offences punishable under Section 143, 144, 392, 120B of IPC.
2. It is submitted that other accused persons i.e., accused Nos.2, 4 and 8 have been enlarged on bail by this Court and on the ground of parity, this petitioner is also entitled for bail. It is also submitted that the incident occurred on 04.01.2014 and on the basis of the complaint made by the victim, the case was registered on 08.03.2014,. It is further submitted that since, the charge sheet is filed after completion of the investigation, the presence of the present petitioner is not required and there is no recovery from him. Hence, he is entitled for bail on this ground and also on the ground of parity.
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3. Learned counsel for the respondent submits to dismiss the petition.
4. It is an organized crime committed by the group of officials including this petitioner who are belonging to the disciplined Police Department. On the date of the offence, this petitioner who was driving the qualis car informed the prime accused in assisting to commit the said offence. After intercepting the bus, a sum of Rs.2,27,00,000/- has been seized and only Rs.20,00,000/- is shown as seized amount. This way, they have committed an act of dacoity. Hence, learned counsel submits to dismiss this petition.
5. The copies of the orders passed by this Court in granting bail in respect of accused No.2-the Police Constable, accused No.4-Sub-Inspector and accused No.8 another informant who have been granted bail by this Court. It is submitted by the learned counsel for the respondent that the grant of bail to the said petitioners is on the ground of
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humanitarian consideration on medical ground. Accused No.4 has been granted bail on medical grounds namely ill-health of his parents and also his wife delivered a child about one year ago. The prosecution has not challenged the order of bail granted to accused No.4 on medical grounds and it accepted the same. When it accepted grant of bail in respect of other prime accused, the present petitioner also stands on the same footing.
6. Accordingly, the petition is allowed. The petitioner is ordered to be released on bail subject to the following conditions:
1) The petitioner shall execute a bond for a sum of Rs.75,000/- with one solvent surety for the like sum to the satisfaction of the jurisdictional Court;
2) He shall not hold out threat to prosecution witnesses or tamper with evidence;
3) He shall attend the court on all dates of hearing, except under unavoidable circumstances.
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4) If he violates any of the above conditions, prosecution is at liberty to seek cancellation of bail.
Ordered accordingly.
Sd/-
JUDGE
VM
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