IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF DECEMBER 2019 BEFORE THE HON’BLE MR JUSTICE K N PHANEENDRA CRIMINAL PETITION No.8136/2019 BETWEEN:
ARJUN B S S/O SOME GOWDA AGED ABOUT 31 YEARS R/AT NO.648, SATYAMANGALA EXTENSION, HASSAN DISTRICT-571187. … PETITIONER (BY SRI.B N SUNIL KUMAR, ADV.) AND:
STATE OF KARNATAKA BY KOTE POLICE, SHIVAMOGGA REP. BY SPP, HIGH COURT BUILDING COMPLEX,AMBEDKAR BEEDI BENGALURU – 560 001. ... RESPONDENT (BY SRI. ROHITH B J, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.79/2016 REGISTERED BY KOTE POLICE STATION, SHIVAMOGGA FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 141, 143, 144, 148, 212, 307, 149 OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner is arraigned as accused No.20 in the original charge sheet in C.C.No.474/2018 for the offence punishable under Sections 141, 143, 144, 148, 307, 149 of IPC. As he remained absent before the Court nor was arrested by the police, the case has been split up against him in C.C.No.13/2019 arising out of Crime No.72/2016 for the above said offences.
2. The whole allegations are made against the other accused persons who have assaulted the complainant and caused severe injuries. But the allegations so far as this petitioner is concerned is that he provided his car to accused Nos.1, 2 10 and 11. Whether he also contributed his intention to cause such an offence by the other accused or not has to be thrashed out during the course of full dressed trial. Accused was shown to be absconding in the original charge sheet. The Court has issued summons and warrants to secure the presence of this accused. There is no material in his name or surfaced in the FIR but at the time of filing of the charge sheet his name has been incorporated.
Considering the above said allegations that the petitioner was not present at the time of incident but he only provided his car to the accused persons, in my opinion, petitioner is entitled to be granted bail in the event of his arrest. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.79/2016 of Kote Police Station and split up charge in C.C.No.13/2019 for the alleged offences subject to the following conditions:-
i) The petitioner shall surrender himself before the jurisdictional Court within Ten days from the date of receipt of a certified copy of this order and shall execute personal bond for a sum of Rs.1,00,000/-
with one surety for the like-sum to the satisfaction of the jurisdictional Court.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
Sd/- JUDGE brn