Karnataka High Court granted anticipatory bail to petitioner accused No.5 under Section 438 Cr.P.C. in a robbery case (IPC 395), relying on the principle of parity as an accomplice already granted anticipatory bail.
Petitioner granted anticipatory bail; directed to furnish bond of Rs. 2,00,000 with two sureties and appear within 15 days.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 5769 OF 2024
BETWEEN:
MR. ABRAR PASHA @ SULTHAN S/O RAFIQ PASHA AGED ABOUT 40 YEARS R/O 3RD CROSS, GOAVA GRADEN NEAR GOVT. URDU SCHOOL D J HALLI, BANGALORE - 560 045.
Digitally signed by BHARATHI S Location: high court of karnataka
…PETITIONER (BY SRI. SHARAN L JAIN, ADVOCATE)
AND:
STATE OF KARNATAKA BY CHIKAJALA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001.
…RESPONDENT
(BY SMT. K.P. YASHODHA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO GRANT AN ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF HIS ARREST IN CR.NO.211/2023 OF CHIKKAJALA POLICE STATION, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 395 OF IPC, PENDING BEFORE THE ADDITIONAL CIVIL JUDGE AND J.M.F.C., DEVANAHALLI.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER
The petitioner-accused No.5 is before this Court seeking grant of anticipatory bail in Crime No.211 of 2023 of Chikkajala Police Station, pending on the file of the learned Additional Civil Judge and JMFC, Devanahalli, registered for the offences punishable under Section 395 of Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant Nayaz Pasha.
learned counsel for both the parties, the point that would arise for my consideration is:
“Whether the petitioner is entitled for grant of bail under Section 438 of Cr.P.C.?”
My answer to the above point is in ‘Affirmative’ for the following:
R E A S O N S
the steel scrap and the car used in the commission of offence with two choppers were recovered. Admittedly, he is enlarged on bail. Accused Nos.2 and 3 were granted anticipatory bail by the learned Sessions Judge. It is stated that accused No.6 is also enlarged on bail.
specifically named in the FIR is already granted anticipatory bail and the same was never challenged by the respondent, I am of the opinion that the present petitioner is also entitled for benefit of parity and for grant of anticipatory bail. Hence, I am of the opinion that the petitioner may be granted anticipatory bail subject to conditions, which will take care of the interest of the prosecution.
affirmative and proceed to pass the following:
ORDER
The petition is allowed.
The petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No.211 of 2023 of Chikkajala Police Station, pending on the file of the learned Additional Civil Judge and JMFC, Devanahalli.
The petitioner is directed to appear before the Investigating Officer within 15 days from the date of receipt of this order and on his appearance, the Investigating Officer shall enlarge him on bail subject to the following conditions:-
On furnishing the sureties by the petitioner, the Investigating Officer is at liberty to verify the correctness of the address and authenticity of the documents furnished by him. On satisfaction of the said documents, he may proceed to accept the sureties within a reasonable time.
Sd/JUDGE
*bgn/CT:VS List No.: 1 Sl No.: 41
1 issue framed by the court
Whether the petitioner is entitled for grant of bail under Section 438 of Cr.P.C.?
2 provisions across 2 enactments
ABRAR PASHA @ SULTHAN
STATE OF KARNATAKA
M G UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
