The main legal point established in the judgment is the court's discretion to grant bail based on the necessity of custody for further investigation and the need to maintain parity with other accused in similar situations.

JUDGMENT

1. These are two bail petitions filed under section 439 of Cr.P.C., seeking to enlarge the petitioners on bail in Crime No.153/2019 of Market P.S., Belagavi, registered for the offences punishable under sections 384 and 395 of IPC.

2. The case of the prosecution in brief is that, on 15.11.2019 at about 10.00 a.m. when the complainant was near Radio Complex, Belagavi, he met accused No.4, and accused No.4 showed the photo of accused No.2-Deepa and asked him to come to the house of accused No.1. It is further alleged that, at about 9.00 p.m., complainant went to the house of accused No.1, at that time, accused No.4 introduced accused No.2 to the complainant and they were sent to one room and at that time, accused No.4 took the photograph of both complainant and accused No.2. It is further alleged that, on 16.11.2019 at about 11.00 a.m. when complainant was in his home, he received a phone cal l and he was asked to come to the house of accused No.1. When complainant came to the house of accused No.1, he was showed with the photographs and complainant was threatened stating that they would make photographs viral and demanded Rs.50,000/- from the complainant. The accused snatched the mobile phone of the complainant and he was seriously threatened. On 22.11.2019 when the complainant has been to the house of accused No.1 to pay Rs.5,000/-, at that time, the accused snatched the mobile phone and demanded balance amount of Rs.45,000/- or else the accused threatened with dire consequence of publishing the photographs. Thereafter, the complainant informed the incident to his brother and filed a complaint against the accused.

3. On the basis of the compliant, a case in crime No.153/2019 came to be registered for the of fence punishable under Sections 384 and 395 of IPC. During the course of investigation, petitioners were arrested on 22.11.2019 and they have been remanded to the judicial custody. The petitioners filed bail application under Section 439 of Cr.P.C. before the trial Court and the trial Court rejected the said bail application vide order dated 13.12.2019. Aggrieved by the said order, the petitioners have filed this petition.

4. The petitioner in Crl.P.No.100049/2020 is arraigned as accused No.5 and the petitioner in Crl.P.No.100001/2020 is arraigned as accused No.4 and they have stated that there is inordinate delay of six days in filing the complaint and no explanation is given. They have been falsely implicated in the matter. The main al legations are against accused Nos.1 to 3 and that accused Nos.1 to 3 have been enlarged on bail by the Sessions Court. The alleged recovery was made from accused No.1. The police have already recorded statements of alleged victim and witnesses. They are not required to be retained in custody for further investigation in the matter. They are ready and willing to abide by the conditions, which may be imposed by the Court and to furnish adequate surety to the satisfaction of the Court.

5. Heard the learned counsel for the petitioners and the learned High Court Government Pleader.

6. It is not disputed that accused Nos.1 to 3 have been enlarged on bail by the Sessions Court, Belagavi and accused Nos.6 and 7 have been enlarged on bail by this Court in Crl.P.No.102579/2019 by order dated 21.1.2020. The copy of the order is made available for perusal. The al legations against accused Nos.4 to 7 appears to be similar. The custody of the petitioners is not required for further investigation in the matter and therefore they have been remanded to judicial custody. Since accused Nos.1 to 3, 6 and 7 have already been enlarged on bail, in order to maintain parity, this Court holds that the petitioners who are also placed on the similar situation as that of accused Nos.6 and 7, may be enlarged on bail subject to imposing necessary conditions to see that they shall not abscond, shall not tamper with the prosecution witnesses and shall appear before the Court regularly and co-operate in the trial .