IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.2313/2017 BETWEEN:
KAPANAIAH S/O LATE NANJUNDAIAH AGED ABOUT 45 YEARS RESIDING AT HITHALAHALLI VILLAGE KASABA HOBLI KUNIGAL TALUK – 572 120 …PETITIONER (BY SRI VENKATESH, ADV.) AND:
THE STATE BY KUNIGAL POLICE STATION REPRESENTED BY TUMKUR DISTRICT – 572 101. ...RESPONDENT (BY SRI B.J.ESHWARAPPA, ADV.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.51/2017 OF KUNIGAL POLICE STATION, TUMAKURU, FOR THE OFFENCES P/U/S 307 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The respondent/Police registered an FIR against the petitioner/accused No.4 and three others in respect of the offence under Section 307 read with Section 34 of IPC.
2. During the pendency of the proceedings, investigation is completed and charge sheet is submitted to the Court.
3. The allegation is, on 30.1.2017, the accused Nos.1 to 4 with the common intention of causing the death of husband of the complainant, in pursuance of their enmity against him attacked him in his agricultural land; while accused Nos.3 and 4 arrested his hands, accused No.1 stabbed him with beer bottle on his stomach, due to which, the intestine was exposed causing grievous bleeding injury. The accused persons set fire to their own vehicle in which they had gone to the place of occurrence and disappeared.
4. Perused the prosecution papers. The victim has suffered grievous injury during the incident. The weapon used for commission of the offence was seized during spot mahazar.
5. Having regard to the nature of allegation, there is no impediment to allow the petition.
Accordingly, the petition is allowed. Petitioner is enlarged on bail in Crime No.51/2017 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/- with one surety for the likesum to the satisfaction of the concerned Court.
(ii) He shall attend the Court regularly on all hearing dates;
(iii) He shall not threaten the complainant and other prosecution witnesses.
Sd/- JUDGE KNM/-