IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR.JUSTICE BUDIHAL R.B.
Criminal Petition No.8915 of 2017 Between:
Harikrishna @ Hari S/o Mohankumar, Aged about 24 years, R/a 2nd Cross, Lakshmanapuri, Gandhinagara, Bengaluru – 560 009.
(By Sri.Srinivasa M.G, Advocate) And State by Upparpet Police Station, Bengaluru – 560 053.
(By Sri.Chetan Desai, HCGP) ... Petitioner ... Respondent This petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.204/2017 of Upparpet P.S., Bengaluru for the offence punishable under Section 504, 506, 323, 324, 307 read with Section 34 of IPC.
This petition coming on for Orders this day, the court made the following:
ORDER This is a petition filed by petitioner-accused No. 2 under Section 439 of Cr.P.C seeking his release on bail for the alleged offences punishable under Sections 504, 506, 323, 324, 307 read with Section 34 of IPC registered by the respondent police in Crime No.204/2017.
2. Brief facts of the case as alleged in the complaint are that on 22.09.2017 at about 9.30 p.m when the complainant along with his brothers and one brother-in-law went near Ganesha Temple, Anand Rao Circle to recharge his mobile phone, he told them that he will come back after recharging the mobile phone and until then, they had to stand near Brigade plaza. After 30 minutes, he returned and found that they were not in the said place. He searched for them in the said place. At that time, one of his younger brothers called and told him that some four unknown persons started quarrel in the said place with them by abusing in a filthy language and assaulted with knife on the stomach of one brother, namely, Anand and also assaulted others and then all of them ran away from the said place. Immediately, thereafter, Anand was shifted to Mallige Hospital for treatment and instructed the complainant to come there. Thereafter, the complainant went to the said hospital and shifted the victim to Kempegowda Hospital. On the basis of the said complaint, FIR came to be registered firstly against four unknown persons and during the course of investigation, the present petitioner is arrayed as accused No.2.
3. During the course of hearing the petition, learned counsel for the petitioner submitted that injured Anand has already been discharged from the hospital. In view of the said submission, it goes to show at this stage that the life of the injured is out of danger and he is safe.
4. Learned HCGP submits that there are three stab wounds.
5. Learned counsel for the petitioner-accused No.2 submits that petitioner is innocent and not involved in committing the alleged offences. In view of registering FIR against the four unknown persons, learned counsel for the petitioner contended that there is false implication and petitioner is ready to abide by any reasonable condition imposed by Court. The alleged offence punishable under Section 307 is not exclusively punishable with death or life imprisonment. Hence, petition may be allowed.
4. Accordingly, petition is allowed. The petitioner-accused is ordered to be released on bail for the alleged offences, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.50,000/- and shall furnish one surety for the likesum to the satisfaction of the concerned trial Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall appear before the concerned Court regularly.
Sd/- Judge dn/-