IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO CRIMINAL PETITION No.9235/2017 BETWEEN:
HEMANTH BABU S/O PRAKASHBABU, AGED ABOUT 31 YEARS, R/AT 436/B, 2ND PHASE, W.O.C.ROAD, MAHALAKSHMIPURAM LAYOUT, BANGALORE-560086 ..PETITIONER (BY SRI MANJUNATH M R., ADVOCATE) AND:
THE STATE OF KARNATAKA BY MAHALAKSHMIPURAM POLICE STATION, BANGALORE CITY, REP. BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560001 ..RESPONDENT (BY SRI K.NAGESHWARAPPA, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.361/2017 OF MAHALAKSHMIPURAM POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 143,147,148, 307 AND 323 R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard learned counsel for petitioner and learned HCGP for respondent.
2. The substance of the complaint is the incident dated 15.10.2017 at about 10.30 P.M. near Chandru Bar and Restaurant, Kurubarahalli, the complainant and other person were talking with each other. Meanwhile Hemanth and his friends came on a motorcycle and altercations were exchanged regarding riding of motorcycle and abused the complainant in filthy language and hit him with chopper on his head and escaped from there before people could gather.
3. Learned counsel for petitioner would submit injured is said to have been discharged from the hospital.
4. In the context and circumstances of the case, considering the release of other accused persons on bail in Crl.Misc.Nos.8527/2017, 8809/2017 and 8820/2017 by the learned LIX Additional City Civil and Sessions Judge dated 17.11.2017 and the petition filed by the petitioner came to be rejected. Petitioner is in custody from 01.11.2017.
5. Considering the concept of parity, I am of the opinion, no prejudice will be caused to the prosecution case if petitioner is enlarged on bail.
6. Hence, the criminal petition is allowed. The petitioner-accused is enlarged on bail in Cr.No.361/2017 registered by Mahalakshmipuram Police Station, Bengaluru, subject to the following conditions;
i) The petitioner-accused shall execute a personal bond for `50,000/- with a solvent surety owning and possessing immovable properties for the likesum.
ii) The petitioner-accused shall not terrorize the witnesses nor tamper the prosecution evidence in any manner.
iii) The petitioner-accused shall not leave the territory of the trial Court without prior permission till the completion of the trial.
iv) The petitioner-accused shall mark his attendance before the Investigating Officer of the above case on every third and fourth Saturday at 9.00 p.m. until further orders by the Trial court.
Sd/- JUDGE SBN