IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO. 9067 OF 2018 BETWEEN:
LOKANATH SINGH @ ANU SINGH S/O NARAYANA SINGH AGED ABOUT 34 YEARS RESIDING AT NO.125, KOLATHUR VILLAGE, MALUR ROAD, HOSAKOTE BENGALURU RURAL DISTRICT-562 114 ...PETITIONER (BY SRI. SUHAIB FAZEEL M., ADV.) AND STATE OF KARNATAKA BY HOSAKOTE POLICE BANGALORE RURAL BY HIGH COURT GOVERNMENT PLEADER HIGH COURT OF KARNATAKA BANGALORE – 560 001 ...RESPONDENT (BY SRI. K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME.NO.426/2017 OF HOSAKOTE POLICE STATION, BANGALORE CITY FOR THE OFFENCE P/U/S 506,504,143,147,149,307,323,324 AND 114 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is accused No.1 in Crime No.426/2017 of Hosakote Police Station, Bengaluru District. The said case is registered against the petitioner and his parents and other ten unnamed persons for the offences punishable under Sections 506, 504, 143, 147, 149, 307, 323, 324 read with Section 114 of IPC.
2. It is alleged that on 22.10.2017 at 3.30 p.m. due to some property dispute, the accused along with ten other persons armed with rods and long machetes assaulted the complainant, his brother Chandra Singh and nephew Vasudev Singh. It is alleged that Chandra Singh suffered grievous injuries and accused attempted to commit his murder.
3. As per the wound certificate and the discharge summary, Chandra Singh was treated as inpatient from 22.10.2017 to 28.10.2017 and he has suffered the following injuries:
1. Sutured wound Left temporal region;
2. Sutured wound on left lip upper aspect;
3. Left hand little finger – K wire in situ in the Ppx fracture;
4. Right parietal bone fracture with pneumocephalus;
5. Right frontal brain contusion;
6. Fracture of 9/10/11 ribs on left side with hemothorax.
4. The order of the Trial Court shows that the victim Chandra Singh has given statement implicating the petitioner as assailant. Accused Nos.2 and 3 were granted anticipatory bail on different considerations. The case is still at the investigation stage.
Having regard to the gravity of the injuries suffered by the victim and the other material on record and the fact that the investigation is still not completed, it is not a fit case to grant bail. Therefore, the petition is dismissed.
Sd/- JUDGE KNM/- CT-HR