IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MARCH 2017 BEFORE THE HON'BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.1054/2017 BETWEEN:
DIWAKAR. S @ APPU S/O. SHANKAR, AGED ABOUT 22 YEARS, R/AT NO.54, 5TH CROSS, GANDHIPURAM, WHITE FIELD, BENGALURU-560 037.
(BY SRI. SHIVAPPA T, ADV.) AND STATE OF KARNATAKA BY SHO, CUBBON PARK PS, BENGALURU CITY, REPTD. BY GOVT. PLEADER, HIGH COURT BUILDING, BENGALURU-560 001.
(BY SRI. K.NAGESHWARAPPA, HCGP) ... PETITIONER ... RESPONDENT CRL.P FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.227/2016 OF CUBBON PARK POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 307 AND 324 R/W 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
2. The respondent-police registered a case against the petitioner-accused No.2 and another in Crime No.227/2016 in respect of the offences punishable under Sections 307 and 324 r/w Section 34 of IPC.
3. The allegation is that the accused persons assaulted the employees of the Bar and Restaurant where the complainant works as a cashier. When the complainant attempted to pacify the matter, he was threatened by wielding a knife. As per the submission of the prosecution, the victim suffered simple injuries and was discharged from the hospital on the very same day. The petitioner is in custody since 31.12.2016.
4. Similarly placed accused No.1 is already released on bail by this Court in Crl.P.1077/2017 on 28.3.2017. Having regard to the nature of the allegation, there is no impediment to allow the petition.
5. Accordingly, petition is allowed. Petitioner is enlarged on bail in Crime No.227/2016 registered by the respondent-police on the following conditions:-
(i) He shall execute a self bond for Rs.1,00,000/- with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The surety shall furnish his/her Aadhar card and original documents pertaining to his/her immovable property for the perusal of the concerned Court.
(iii) He shall not threaten the prosecution witnesses and shall not prevail upon them.
(iv) He shall not indulge in illegal activities.
Sd/- JUDGE DM