Deepak Sharma vs State Of Karnataka By
2023 Latest Caselaw 6288 Kant

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                                                    NC: 2023:KHC:31861
                                                CRL.P No. 5420 of 2023




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                DATED THIS THE 04TH DAY OF SEPTEMBER, 2023

                                    BEFORE
                   THE HON'BLE MR JUSTICE V SRISHANANDA
                    CRIMINAL PETITION NO.5420 OF 2023
            BETWEEN:

            DEEPAK SHARMA
            S/O LATE NAGARAJU
            AGED ABOUT 36 YEARS
            RESIDING AT NO.1196, 2ND MAIN,
            7TH BLOCK, HOSAKEREHALLI,
            BANGALORE - 560085
                                                         ...PETITIONER
            (BY SRI N UDAYKUMAR, ADVOCATE)

            AND:

            STATE OF KARNATAKA BY
            SHO, KUDUR PS, MAGADI TALUK,
            RAMANAGARA DISTRICT - 562159

Digitally
signed by   REPRESENTED BY THE PUBLIC PROSECUTOR,
MALATESH    HIGH COURT COMPLEX,
KC
            BANGALORE - 560001
Location:
HIGH                                                    ...RESPONDENT
COURT OF
KARNATAKA   (BY SRI RAJA T. SUBRAMANYA, HCGP)

                 THIS CRL.P IS FILED UNDER SECTION 439 CRIMINAL
            PROCEDURE CODE PRAYING TO ENLARGE HIM ON BAIL IN
            CR.NO.550/2022 IN S.C.NO.48/2023 FOR THE OFFENCE
            PUNISHABLE UNDER SECTION 302, 201 R/W 34 OF IPC OF THE
            RESPONDENT POLICE I.E., KUDURU POLICE STATION PENDING
            ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE,
            RAMANAGARA.
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                                                  NC: 2023:KHC:31861
                                           CRL.P No. 5420 of 2023




     THIS CRIMINAL PETITION, COMING ON FOR HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:

                             JUDGMENT

Heard Sri N.Udayakumar and Sri Subramani, learned

High Court Government Pleader.

2. Petition is filed under Section 439 of the Code of Criminal

Procedure with the following prayer:

"Wherefore, the petitioner prays that his Hon'ble Court may be pleased to enlarge him on bail in Cr.No.550/2022 in S.C.No.48/2023 for the offence punishable under Section 302, 201 r/w 34 of IPC of the respondent police i.e., Kudur Police Station pending on the file of Principal District and Sessions Judge, Ramanagara, in the interest of justice."

3. The petitioner is accused No.3. At the outset,

N.Udayakumar, learned counsel submits that accused Nos.1, 2

and 4 have been granted bail by this Court by different orders

dated 17th August 2023 and 08th August 2023. He also submits

that the present petitioner stands on the same footing and

therefore, on the ground of parity, petitioner is entitled to be

enlarged on bail.

NC: 2023:KHC:31861 CRL.P No. 5420 of 2023

4. However, learned High Court Government Pleader

opposes the bail grounds by contending that the role assigned

to the present petitioner is different to the role assigned to the

other accused persons and therefore, ground of parity is not

available to the present petitioner and sought for rejection of

the bail petition.

5. Perused the material on record.

6. On such perusal of the material on record meticulously,

this Court is satisfied that the submission made on behalf of the

petitioner that petitioner/accused No.3 stands on the same

footing as that of other accused persons who are granted bail

by this Court, petitioner is also entitled to be enlarged on bail

on the ground of parity.

7. Accordingly, the following:

ORDER

Petition is allowed. The petitioner is directed to be

enlarged on bail in Crime No.550/2022 of Kudur Police Station

registered for the offences punishable under Sections 302, 201

NC: 2023:KHC:31861 CRL.P No. 5420 of 2023

r/w 34 of the Indian Penal Code, subject to following

conditions:

(i) Petitioner shall execute personal bond for a sum of Rs.1,00,000/-(Rupees one lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

(ii) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

(iii) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

(iv) The petitioner shall not involve in similar offences in future;

(v) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed of.

Sd/-

JUDGE

kcm