IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.2249/2017 BETWEEN:
ARUNA G.
S/O GOWRISH AGED ABOUT 26 YEARS R/O JEDIKATTE, HOSUR BHADRAVATHI TALUK SHIVAMOGGA DISTRICT – 577 301. …PETITIONER (BY SRI DINESHKUMAR RAO K. AND SRI R.B.DESHPANDE, ADVS.) AND:
THE STATE OF KARNATAKA BY TUNGA NAGARA POLICE STATION SHIVAMOGGA – 577 201.
(REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU – 560 001.) ...RESPONDENT (BY SRI B.J.ESHWARAPPA, ADV.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.375/2016 OF TUNGA NAGARA P.S., SHIVAMOGGA DISTRICT FOR THE OFFENCES P/U/S 143, 147, 148, 302 R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner/accused No.3 is charge sheeted by the respondent/Police in respect of the offences under Sections 143, 147, 148, 149 and 302 of IPC.
2. The allegation is, in pursuance of the enmity between accused No.1 and the deceased, on 16.8.2016, accused Nos.1 to 5 surrounded the deceased; while accused Nos.2 and 3 arrested the deceased, accused No.1 stabbed him and the deceased died while on treatment in the hospital. Accused No.2, who faces similar allegation, is enlarged on bail by the order of this Court in Crl.P.No.1433/2017 DD.18.4.2017.
3. Investigation having been complete, there is no impediment to allow the petition.
Accordingly, the petition is allowed. Petitioner is enlarged on bail in Crime No.375/2016 registered by the respondent/Police, subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.2,00,000/- with two sureties for the likesum to the satisfaction of the concerned Court.
The sureties shall furnish to the Court the original title deeds of their immovable property and their Identity Cards/Adhaar Cards for perusal. They must not have offered surety to the accused persons of any other criminal case.
(ii) He shall attend the Court regularly;
(iii) He shall not threaten the prosecution witnesses;
(iv) He shall not leave the jurisdiction of the Sessions Court till conclusion of the trial without prior permission of the Court;
(v) He shall not indulge in criminal activities.
KNM/-
Sd/- JUDGE