IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No. 4256/2019 Between:
Arfath S/o. Mujeeb Aged about 19 years, R/at 1st Cross, 1st Stage, Gurrappanapalya, BTM Layout, Bangalore 561 412. Also at No.36, 1st Main, 5th Cross, Police Sangappa Lane, K. G. Halli, Bangalore 560 045.
… Petitioner (By Sri. Lakshmikanth R, Advocate) And:
State of Karnataka By K. G. Halli Police Station, Bangalore Rep. by its Public Prosecutor High Court Building, Bangalore – 01.
(By Sri. S. Rachaiah, HCGP) …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C., praying to release the petitioner on bail in Crime No.188/219 of respondent – K. G. Halli Police Station for the offences punishable under Section 307, 504 read with Section 34 of IPC.
This Criminal Petition coming on for orders this day, the Court, made the following:
ORDER Petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No.188/2019 for the offences punishable under Sections 307, 504 read with Section 34 of IPC.
2. The case of the prosecution is that on 17.05.2019, the complaint was lodged stating that he is one of the leaders of SDPI Party and when he was going to Masjid for Namaz on 17.05.2019, 5 persons obstructed him and cautioned him not to stand for election. It is alleged that the accused had assaulted the complainant with weapons. It is further stated that accused No.2 had assaulted the complainant with chopper. When the public gathered, it is stated that the accused ran away. However, accused No.2 was allegedly caught hold of by the public. Complaint was filed, FIR is registered and investigation is in progress.
3. Learned counsel for the petitioner points out that as per the first version as made out in the complaint, the attack is stated to be by accused Nos. 1 and 2 and it is also stated that there are no criminal antecedents and the injuries caused are simple in nature and hence, petitioner is entitled to be enlarged on bail.
4. Taking note of the nature of injuries which are simple in nature; that there are no criminal antecedents and that the complaint makes out a case as against accused Nos. 1 and 2 as regards the overt acts, petitioner is entitled to be enlarged on bail.
5. Accordingly, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No.188/2019 for the offences punishable under Sections 307, 504 read with Section 34 of IPC, subject to the following conditions:
(i) The petitioner shall appear in person before the Investigating Officer in connection with Crime No.188/2019 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with a surety for the likesum before the concerned court.
(ii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iii) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(iv) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE VP