LAWS(KAR)-2012-10-278

CHIRANJEEVI Vs. STATE OF KARNATAKA

Decided On October 11, 2012
CHIRANJEEVI Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Apprehending his arrest by Cowl Bazar police, Bellary in connection with the case registered for non-bai lable of fences in Crime No.212/2012 punishable under Sections 365, 323, 324, 504, 506 read with Section 34 of the Indian Penal Code, the petitioner has presented this petition seeking relief of anticipatory bai l, inter al ia on the ground that he is an innocent person and has not committed any of the acts al leged and that the complainant has f i led a false complaint only with a view to avoid return of huge sum of Rs.19,00,000/- received by him towards the transaction pertaining to sale of immoveable property which had fel l through. Therefore, there are no reasonable grounds to believe that the petitioner is gui lty of any of the offences al leged. It is also contended that this Court has already granted the rel ief of anticipatory bai l to Accused No.2. Therefore, even on the principles of parity, this petitioner is entitled for rel ief of anticipatory bail.

(2.) The petition is opposed by the respondent/State inter al ia on the ground that having regard to the al legations made in the complaint, at this stage, there are reasonable grounds to bel ieve that this petitioner is gui lty of afore-said offences and regard being had to the nature and gravity of the of fences and since the presence of the petitioner is necessary for custodial interrogation, petitioner is not entitled to the rel ief of anticipatory bail. It is also contended that Accused No.2 who has been granted rel ief of anticipatory bai l stands on a dif ferent footing. Therefore, principles of parity is not appl icable to the petitioner.

(3.) I have heard both sides and perused the materials produced.