IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO CRIMINAL PETITION NO.10131/2017 BETWEEN:
KUMAR @ KUNTA KUMAR S/O. KADAMANAYAK, AGED ABOUT 30 YEARS, RESIDING AT GANGENAHALLI VILLAGE, THAVAREKER HOBLI, CHANNAGIRI TALUK, DAVANAGERE DISTRICT-16.
(BY SRI. CHANDRAPPA K. N., ADV.) AND:
THE STATE OF KARNATAKA UPPARPET POLICE STATION-61, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-01.
... PETITIONER ... RESPONDENT (BY SRI. CHETAN DESAI, H.C.G.P.) THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME No.84/2017 (S.C.No.1203/2017) OF UPPARPET POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 302 R/W 34 OF IPC.
THIS PETITION COMING FOR ORDERS ON THIS DAY THE COURT MADE THE FOLLOWING:
ORDER A case is registered for the offence punishable under Section 302 of IPC in Cr.No.84/2017 by Upparpet police station.
2. In the complaint, it is stated that the complainant went to verify his Hotel No.5 in Maruthi Building and at that time, he saw the dead body of a male person and he communicated the same to the Upparpet Police Station. Thereafter, it was revealed that the deceased is one Lokesh.
3. It is seen that on 03.04.2017, accused Nos.1 and 2 and deceased Lokesh @ Jirale consumed Alcohol in Bhavani Bar and Restaurant situated at Binny Pet, Srinivas Manidra Road. Thereafter, a quarrel was took place between them with respect of payment of bill and at that time, deceased started abusing the accused persons in filthy language and tried to assault them. The accused persons pushed Lokesh and he fell down and succumbed to injuries.
4. Learned counsel for the petitioner would submit that the petitioner is in judicial custody and he is ready to abide by any condition to be imposed by this Court. Hence, he prays for allowing the petition.
5. Learned High Court Government Pleader opposes the bail application.
6. The petitioner is stated to be in judicial custody and he was working as a Cook in a Hotel. In the set of circumstances, no prejudice would be caused to the prosecution if the petition is allowed. However, the apprehension of the prosecution be dissolved by imposing conditions.
7. Hence, the criminal petition is allowed. The petitioner-accused is enlarged on bail in Cr.No.84/2017 registered by Upparpet Police Station, Bengaluru, subject to the following conditions;
i) The petitioner-accused shall execute a personal bond for Rs.1,00,000/- with a 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 on every second Saturday between 10.00 p.m. and 11.00 p.m. till completion of the evidence witnesses.
v) In case, the petitioner involves in any other criminal activities, the relief granted in this application stands automatically terminated and the petitioner be re- arrested.
Sd/- JUDGE VM