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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29TH DAY OF JULY, 2020

BEFORE

THE HON'BLE MR. JUSTICE K. NATARAJAN

CRIMINAL PETITION NO.2866 OF 2020

BETWEEN:

G. GIRISH @ GUBBACHI GIRI

S/O. K.V. GOVINDARAJU,
AGED ABOUT 24 YEARS,
RESIDING AT NO.3, II CROSS,
V.B. LAYOUT, K.R. PURAM,
BENGALURU.
... PETITIONER

(BY SRI DINESHKUMAR K. RAO, ADV.)

AND:

THE STATE OF KARNATAKA

BY KADUGODI POLICE STATION,
BENGALURU,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
BENGALURU.
... RESPONDENT

(BY SRI K.S. ABHIJITH, H.C.G.P.)

***
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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF

CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CRIME NO.298/2018 OF KADUGODI POLICE STATION,
BENGALURU, FOR THE OFFENCES P/U/S.224, 427, 307 AND 353
READ WITH SECTION 34 OF THE I.P.C. AND SECTIONS 25 AND 27
OF THE INDIAN ARMS ACT, 1959.

THIS CRIMINAL PETITION IS COMING ON FOR ORDERS,

THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

The petitioner, who is accused No.2, has filed this

petition under Section 439 of the Code of Criminal

Procedure for granting regular bail in Crime No.298/2018

registered by Kadugodi Police Station, Bengaluru, for the

offences punishable under Sections 224, 427, 307 and

353 read with Section 34 of the Indian Penal Code, 1860

(for short, ‘the I.P.C.’) and Sections 25 and 27 of the

Indian Arms Act, 1959.

2. Heard the arguments of the learned counsel for

the petitioner and the learned High Court Government

Pleader for the respondent-State.

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3. On the complaint of one Muniraju, Head

Constable, attached to the respondent-Police, a case has

been registered against the petitioner and accused No.1-

Naveen Kumar. It is alleged that the complainant and

other Constables went to arrest the petitioner in respect of

Crime No.516/2018 for the offences punishable under

Sections 143, 144, 147, 148, 342, 364, 302, 201 and

120B of the I.P.C., at that time, accused No.1 fired a pistol

and the petitioner is said to have assaulted the

complainant with the dragger and caused injuries. During

the investigation, the Police have arrested the petitioner

and other accused on 11-11-2018 and was remanded to

judicial custody. The petitioner moved bail petition before

the Sessions Judge and after rejection, he has approached

this Court for bail in Criminal Petition No.1695 of 2019

which came to be dismissed on 8-5-2019. Hence, he has

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once again approached this Court for granting bail on

fresh grounds.

4. Learned counsel for the petitioner has contended

that the petitioner is in judicial custody for more than one

year eight months. The charge-sheet is already filed. The

alleged injuries caused by him are simple in nature.

Accused No.1 has been granted bail by a Co-ordinate

Bench of this Court in Criminal Petition No.2127 of 2020

on 15-5-2020. Once the main accused has already been

granted bail, this petitioner is also entitled for bail on the

ground of parity. There is changed circumstance for

considering his bail application and due to COVID-19,

there is no possibility of case being taken up and disposed

of the matter in a near future. He is ready to abide by

any condition. Hence, he prayed for granting bail.

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5. Per contra, the learned High Court Government

Pleader appearing for the respondent-State has objected

the bail petition and contended that there is no changed

circumstance. However, he fairly admits that the co-

accused has been granted bail by a Co-ordinate Bench of

this Court. Hence, he prayed for dismissing the bail

petition.

6. Upon hearing the arguments of the learned

counsel and on perusal of the record, it goes to show that

the allegation against this petitioner is that, he has

assaulted the complainant with the dragger and accused

No.1 fired a pistol. Therefore, offence under Sections 307

and 353 is registered by the Police. Main accused No.1,

who used the pistol, has been granted bail by the Co-

ordinate Bench of this Court in Criminal Petition No.2127

of 2020 on 15-5-2020. The allegation of this petitioner is

that he assaulted the complainant with the dragger on the

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hand and injury is simple in nature. Once accused No.1

is granted bail, this petitioner is also entitled for bail on

the ground of parity. Due to COVID-19 situation

prevailing in the country, there is no possibility of case

being taken up and chances of earlier disposal of the case

in a near future. The petitioner is in custody from 11-11-

2018, i.e., for more than one year eight months.

Therefore, considering all these aspects, the petitioner has

made out a changed circumstance for granting bail and if

bail is granted to the petitioner by imposing certain

conditions, no prejudice would cause to the prosecution

case. Hence, I pass the following:

ORDER

Petition is allowed.

Petitioner shall be released on bail in Crime

No.298/2018 registered by Kadugodi Police Station,

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Bengaluru, for the offences punishable under Sections

224, 427, 307 and 353 read with Section 34 of the I.P.C.

and Sections 25 and 27 of the Indian Arms Act, 1959,

subject to the following conditions:

i) The petitioner shall execute a personal

bond in a sum of Rs.1,00,000/- (Rupees
one lakh only) with two sureties for the
likesum to the satisfaction of the trial
Court;

ii) The petitioner shall not tamper with the

prosecution witness directly or indirectly;

iii) The petitioner shall not indulge in any

similar offences; and

iv) The petitioner shall not leave the

jurisdiction of the trial Court without prior
permission of the Court.

Sd/-
JUDGE
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