IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.3986/2019 BETWEEN:
SHRI HANUMAPPA AGED ABOUT 50 YEARS, S/O.HANUMANTHAPPA, R/O.VADDRAPALYA VILLAGE, SUGATUR HOBLI, KOLAR TALUK, KOLAR DISTRICT 563101.
... PETITIONER (BY SRI. SHYAM SUNDAR M S, ADVOCATE) AND THE STATE OF KARNATAKA KOLAR POLICE STATION, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001.
... RESPONDENT (BY SRI. ROHITH B.J., HCGP) THIS CRL.PETITION IS FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.391/2018 OF KOLAR RURAL P.S., KOLAR DISTRICT FOR THE OFFENCE P/U/S 143, 147, 148, 323, 120B, 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 Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. The respondent-police have filed chargesheet against the petitioner and other six accused persons.
3. The brief facts which emanate from the charge- sheet papers are that the deceased Yuvaraj @ Yellappa son of late Venkateshappa has married Accused No.1 Eramma and they were residing together for some time. Thereafter the family disrupted and Eramma went to her parental home. C.Ws.2 to 12 have convened a panchayat and inspite of that accused Nos.2 to 6 have not sent said Eramma along with her husband i.e., Yuvaraja @ Yellappa. In this context, it is alleged that on 16.10.2018, in the afternoon, at about 1 p.m., when said Yuvaraja, the complainant was sleeping in his house, at that time accused Nos.1 to 6 came to the house of the complainant and assaulted him with their hands and accused No.2 had poured petrol on him and lit fire. In fact, C.W.3 extinguished the fire. The deceased Yovaraja was admitted to the hospital On the above said allegations, it appears the police have registered a case against accused Nos. 1 to 6. Subsequently, it is also alleged that the petitioner No.1 is arraigned as accused No.7 in the charge sheet also conspired with other accused persons and at the instance of accused No.7 i.e., the petitioner herein, the other accused persons have done the above said illegal acts. There is no specific overt acts alleged against the petitioner in the FIR. In the above said circumstances, in my opinion, the petitioner, who is arraigned as accused No.7 is entitled to be enlarged on bail by imposing stringent conditions. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.391/2018 of Kolar Rural Police Station, for the alleged offences subject to the following conditions:-
i) The petitioner shall surrender himself before the jurisdictional Court and execute his personal bond for a sum of Rs.1,00,000/-(Rupees one lakh only) with one surety for the likesum to the satisfaction of the jurisdictional Court within ten days from the date of receipt of a certified copy of this order.
ii) The petitioner shall not tamper the prosecution witnesses.
iii) The petitioner shall appear before the jurisdictional Court on all the dates of hearing, unless exempted by the Court for any genuine reason.
iv) The petitioner shall not leave the jurisdiction of the Court without prior permission, till the case registered against him is disposed of.
Psg* Sd/-
JUDGE