The gravity of the offense, the role of the accused as the mastermind, and the lack of changed circumstances are crucial factors in determining bail eligibility.

JUDGMENT/ORDER

H.P. Sandesh, J. - Heard the learned counsel for the petitioner and learned High Court Government Pleader appearing for the respondent-State.

2. This is a successive bail petition filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.273/2021 of Shimoga Rural Police Station, for the offences punishable under Sections 114, 120-B, 448, 397, 395 and 201 of IPC.

3. This petitioner, earlier had approached this Court by filing Crl.P.No.7567/2021 and the same came to be dismissed on 12.01.2022. Thereafter, this petitioner had approached this Court by filing Crl.P.No.6911/ 2022 and the same was also dismissed on 10.08.2022 and this a third successive bail petition before this Court.

4. Learned counsel appearing for the petitioner would vehemently contend that, accused Nos.2 and 5 have been enlarged on bail by a Co-ordinate Bench and hence, this petitioner is also entitled for bail on the ground of parity. The counsel also would submit that, incident has taken place on 03.08.2021 and according to the police, they found this petitioner and other accused persons on 15.08.2021. But, before that, notice was given to one Latha stating that, this petitioner made payment of loan out of dacoity amount and when they arrested the accused persons on 15.08.2021, how come they get the information regarding payment made in favour of Smt. Latha and asked her to co-operate for the investigation, since the contention is that an amount of Rs.77,000/- was transferred on 12.08.2021.

5. The learned counsel would further submit that there was a matrimonial dispute between the sister of this petitioner by name Chaitra and her husband, Suresh and his family members, including the original complainant and due the said ill-will, this petitioner has been falsely implicated in the case. The said Chaitra has also filed a D.V. Act proceedings against the complainant-Suresh and others in Crl.Misc.No.56/ 2022 on the file of the Senior Civil Judge and JMFC, Tiptur and the same is still pending for consideration. The counsel also would contend that the conversations between the mother and child is recorded on 18.06.2021 in the mobile of Chaitra at about 19.56 hours and conversation is for a period of one minute, 40 seconds which evidences the act committed by the complainant. The sister of the petitioner, after hearing the recordings has forwarded the message to her husband, Suresh on 18.06.2021 at 20.13 and 20.14 hours and informed Suresh saying that 'nan baral kk nan bandu yak jailige hogan' and 'yen tappu madidini nanu' and this clearly discloses that there was a prior ill-will against the petitioner. It is also contended that, earlier to the incident i.e., on 14.06.2021, the family members of the petitioner, including the petitioner entered into a sale agreement in respect of the land bearing Sy.No.10/3A measuring 1 acre, 20 guntas situate at Kasavuhalli Village, Nonavinakere Hobli, Tiptur Taluk, Tumakuru District. In the agreement, the family of the petitioner agreed to receive a sum of Rs.26,40,000/- and received a sum of Rs.5,00,000/- by way of cheque and Rs.10,00,000/- by way of cash. Since the property was purchased by the purchaser for more than the market value, the purchaser, in order to avoid the excess registration charges, has entered into two agreements of sale among them and agreement for Rs.6,00,000/- is registered and on the very same day, both have entered into an unregistered agreement, in that, cash of Rs.10,00,000/- was received which shows that the petitioner and the family were having funds in their custody among them and Rs.5,00,000/-was transferred through cheque on 15.06.2021. It is also contended that the Investigating Officer in the instant case has sought the source of income from the complainant for having Rs.25,00,000/- cash in his house, for which the complainant without providing any document has answered in a vague manner that he has received the amount from the income of agriculture.

6. The c