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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF JULY, 2021

BEFORE

THE HON'BLE MR. JUSTICE K. NATARAJAN

CRIMINAL PETITION No.1573/2021

BETWEEN:

VASEEM PASHA,

S/O ABDUL BASHEER,

AGED ABOUT 30 YEARS,

R/AT NO.90, 3RD CROSS,

NEAR INDIAN SCHOOL,

KANAKA NAGARA, MANJU LAYOUT,

BENGALURU-560072.

& PETITIONER

(BY SRI M KRISHNE GOWDA, ADVOCATE)

AND:

STATE OF KARNATAKA

STATE BY V V PURAM P.S,

REPRESENTED BY

HIGH COURT GOVT PLEADER,

HIGH COURT OF KARNATAKA,

BANGALORE-560 001.

& RESPONDENT

(BY SRI.K. NAGESHWARAPPA, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER

SECTION 439 OF CR.P.C. BY THE ADVOCATE FOR THE

PETITIONER PRAYING THAT THIS HONBLE COURT MAY

BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN

CR.NO.80/2020

OF

VISHVESHWARAPURAM

P.S.,

BENGALURU CITY FOR THE OFFENCE P/U/S 363,

370(3), 468, 419, 34 OF IPC AND SEC.81 OF JUVENILE

JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT.

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THIS CRIMINAL PETITION COMING ON FOR

ORDERS, THIS DAY THROUGH VIDEO CONFERENCING,

THE COURT MADE THE FOLLOWING:

O R D E R

This petition is filed by the petitioner/accused

No.2 under Section 439 of Cr.P.C., for granting regular

bail

in

Crime

No.80/2020

registered

by

Vishveshwarapuram Police for the offences punishable

under Section 363 of Indian Penal Code, later added

Section 370(3), 468, 419 read with Section 34 of

Indian Penal Code and Section 81 of the Juvenile

Justice (Care and Protection of Children) Act, 2015.

2.

Heard the learned counsel for the petitioner

and the learned High Court Government Pleader for the

respondent-State.

3.

The case of the prosecution is that on the

complaint of one Abdul Rashid filed on 11.11.2020

alleging that on 9.11.2020, his wife got admitted to

Vani Vilas hospital for delivery and female child was

also born and the child was taken to ICU for the

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purpose of treatment. Later, the child was found

missing. After lodging of the complaint, the child was

rescued from Accused Nos.3 and 4 who is said to have

borrowed the child from this petitioner and at the

instance of this petitioner/accused No.2, kidnapped the

child from the custody of the parents. This petitioner

was arrested on 20.11.2020 and the investigation is

also completed and charge sheet is filed.

4.

Upon hearing the arguments of learned

counsel for the petitioner and the learned HCGP and on

perusal of the records, it shows that the co-accused

person i.e., accused No.1 has been granted bail by this

court

in

Crl.P.No.3431/2021

dated

25.06.2021.

Accused

No.5

was

also

granted

bail

in

Crl.P.No.1082/2021 on 1.06.2021. The allegations

against the petitioner and other accused are similar

and they have also been granted bail. Therefore, this

petitioner is also entitled for bail on the ground of

parity. Hence, I pass the following:

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ORDER

The criminal petition is allowed.

The trial Court/jurisdictional court is directed to

release the petitioner/accused No.2 on bail in Crime

No.80/2020 registered by Vishveshwarapuram Police

for the offences punishable under Section 363 of Indian

Penal Code, later added Section 370(3), 468, 419 read

with Section 34 of Indian Penal Code and Section 81 of

the Juvenile Justice (Care and Protection of Children)

Act, 2015, subject to the following conditions:-

i)

Petitioner shall execute personal bond in a

sum of Rs.1,00,000/- (Rupees One Lakh

only) with two sureties for likesum to the

satisfaction of the trial Court;

ii)

Petitioner

shall

not

tamper

with

the

prosecution witnesses directly or indirectly;

iii)

Petitioner shall not indulge himself in similar

offences strictly;

iv)

Petitioner

shall

take

the

trial

without

causing any delay; and

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v)

Petitioner shall not leave the jurisdiction of

this court without prior permission of the

trial court.

If any of the conditions are violated, the

prosecution is at liberty to file an application for

cancellation of bail.

Sd/-

J