IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.6698/2017 Between:
Jaisriram S/o Venkatachalaiah, Aged 24 years, R/o Hosakere Road, Tyamagondulu Town, Nelamangala Taluk, Bangalore District- 560 010.
(by Sri Promod R, Advocate) And:
State by Tyamagondulu Police Station, Rep. by SPP, High Court of Karnataka, 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. Case No.71/2017 pending on the file of II Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru and Crime No.126/2016 of Thyamagondulu Police Station, Bengaluru District for the offences p/u/s 341, 323, 324, 307, 504, 506, 435 r/w 34 of IPC and Sec. 3 CL1(R), 3 CL 2(5) 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.1 along with two others are chargesheeted by the respondent-police in respect of the offences punishable under Sections 341, 324, 307, 504, 506, 435 r/w 34 of IPC and Sec.3 (1)(r), (2)(5) of SC/ST Act, 1989.
3. The allegation of the prosecution is, on 18.12.2016 the accused persons waylaid the autorickshaw 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 escaped and he burnt autorickshaw 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, since investigation is complete, the petitioner is not very much required by the I.O. and he undertakes to abide by any conditions that may be imposed on him by this Court.
6. Having regard to the above circumstances, the petition is allowed. Petitioner is enlarged on bail in 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;
(v) Violation of any of the above conditions, entitles the Investigating Officer to seek for cancellation of bail before the trial Court.
Sd/- JUDGE DL