IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.6938/2017 Between:
Girish @ Boda Giri S/o Modalagiriyappa, Aged about 27 years, R/at No.95, 7th Cross, Valmikkinagar, Andrahalli, Bengaluru – 560 091.
(By Sri.Deenabandhu Rai N, Advocate) And:
State by Thyamagondlu Police Station, Now Rep. by Public Prosecutor, High Court Complex, Bengaluru – 560 001.
(By Sri. S.Vishwamurthy, HCGP) …Petitioner …Respondent This criminal petition is filed under Section 439 of Cr.P.C Praying to enlarge the petitioner on bail in Spl. C.C.No.71/2017 pending on the file of II Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru and Crime No.126/2016 of Thyamagondlu Police Station, Bengaluru District, for the offence p/u/s 341, 323, 324, 307, 504, 506, 435 r/w 34 of IPC and Sections 3(1)(r) and 3(2)(v) of SC/ST Act, 1989.
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 and the learned High Court Government Pleader for the respondent-State.
2. The petitioner (Accused No.2) along with co- accused is charge sheeted by the respondent-police in their Crime No.126/2016 registered in respect of the offences punishable under sections 341, 324, 307, 504, 506, 435 r/w 34 of IPC and Sections 3(1)(r) and 3(2)(v) of SC/ST Act, 1989.
3. The allegation is, on 18.12.2016 the accused persons waylaid the auto rickshaw of the complainant; accused No.2 damaged window glass of the auto rickshaw with a chopper; accused No.1, with the same chopper, assaulted and caused multiple/grievous injuries to the complainant; accused No.2 stamped upon him; accused No.1 attempted to throw petrol on the complainant, however he could escape: He set fire to the auto rickshaw of the complainant with petrol.
4. Perused the charge sheet papers. The complainant during the incident, suffered compound fracture to his right hand bone.
5. Learned counsel for the petitioner submits that accused No.1 is enlarged on bail by the order of this Court in Crl. P. No.6698/2017 vide order dated 10.10.2017.
6. Since the investigation is complete, in the given circumstance, the petition is allowed.
Petitioner is enlarged on bail in connection with Crime No.126/2016 registered by the respondent Police, subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one local surety for the likesum to the satisfaction of the concerned Court;
(ii) He shall mark his attendance before the respondent-I.O on every alternative Tuesday during office hours till completion of trial;
(iii) He shall maintain himself as law abiding citizen;
(iv) He shall attend the Court regularly on all hearing dates; and (v) Violation of any of the above conditions, entitles the Investigating Officer to seek for cancellation of bail before the trial Court.
VBS Sd/- JUDGE