IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7492 OF 2019 BETWEEN:
CHANDAN KUMAR S.M S/O MARALASIDDAIAH AGED ABOUT 22 YEARS R/AT No.44, 1ST MAIN, 7TH CROSS K.S. TOWN, KENGERI BENGALURU-560 060. … PETITIONER (BY SRI ADITYA S. KUMAR, ADVOCATE) AND:
STATE OF KARNATAKA BY KENGERI POLICE STATION BENGALURU-560 001.
REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001. …RESPONDENT (BY SRI ROHITH B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.269/2019 REGISTERED BY KENGERI POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 307 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner, learned High Court Government Pleader for the respondent-State and perused the records.
2. The petitioner is arraigned as accused No.4 in Crime No.269/2019 of Kengeri Police Station, Bengaluru City for the offence under Section 307 of I.P.C.
3. The factual matrix of the case is that on 21.09.2019 in the night at about 12.30 a.m., the complainant by name Varuna had been to B.G.S. hospital and examined one Raghavendra and Kavin Avinash who are the injured persons. They disclosed that on the same day at 11.30 p.m. when they were near Thirumala Bar and Restaurant, near Kengeri Upanagara, Bengaluru, it is stated that accused by name Shashank along with his friends gathered and assaulted Kevin Avinash on his chest portion and also assaulted complainant on his stomach and back. The petitioner has been arrested on 23.09.2019 and since then he has been in judicial custody.
4. Learned HCGP submitted that during the course of investigation, the further statement of the victim has been recorded. But no overt acts has been alleged against the petitioner. It is stated that he was very much present in the car on that particular day. Accused Nos.1 and 2 have actually assaulted the injured persons.
5. Looking into the above said facts and circumstances and also the submissions made on either side as the petitioner has already in jail since the date of his arrest and he is no more required for further investigation and as the offence is not punishable either with death or imprisonment for life, the petitioner is entitled to be enlarged on bail on conditions. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.269/2019 of Kengeri Police Station pending on the file of 32nd Addl. CMM Court, Nrupatunga Road, Bengaluru for the offence punishable under Section 307 of IPC, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/-(One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in 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.
(v) The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/-
JUDGE HR.