IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF OCTOBER, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.7830 OF 2017 BETWEEN CHANDRASHEKAR @ CHANDRA @ SHEKARI S/O RAMANNA AGED ABOUT 28 YEARS R/AT KATRIGHATTA VILLAGE HUTHRIDURGA HOBLI KUNIGAL TALUK TUMKUR DISTRICT – 572 130 (BY SRI. MOHAN KUMAR D, ADV.,) AND ... PETITIONER STATE OF KARNATAKA BY MAGADI POLICE STATION RAMANAGARA DISTRICT REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001 (BY SRI. S.VISHWAMURTHY, HCGP) ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.101/2014 OF MAGADI POLICE STATION, RAMANAGARA AND C.C.NO.115/2015 PENDING ON THE FILE OF PRL. CIVIL JUDGE AND J.M.F.C., MAGADI, RAMANAGARA DISTRICT FOR THE OFFENCE P/U/S 143, 147, 148, 323, 307, 302 R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner – accused No.5 along with five others is charge sheeted by the respondent police in respect of the offences punishable under Sections 143, 147, 148, 323, 307, 302 read with Section 149 of IPC.
2. The allegation is, in pursuance of previous enmity against accused No.1 deceased Yoga Narasimha, accused Nos. 1 to 6 attacked him. Accused Nos. 1 and 2 assaulted with clubs. The CW2 who attempted to rescue the deceased was assaulted by accused Nos. 2 and 3. Accused Nos. 4, 5 and 6 inflicted blows on him. The victim was shifted to the hospital and expired while on treatment. Accused Nos. 1 to 3 are on bail.
3. Learned counsel for the petitioner submits that no incriminating material was seized from the possession of this petitioner. He was not named in the complaint.
4. Having regard to the above circumstances, petition is allowed subject to the following conditions:
1. Petitioner is enlarged on bail in crime No. 101/2014 registered by the respondent-police on executing a self bond for a sum of Rs.1,00,000/- (One Lakh Rupees Only) with one surety to the satisfaction of the concerned court.
2. He shall not terrorize the prosecution witnesses.
3. He shall attend the court regularly on all the hearing dates.
Sd/- JUDGE Bsv