IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 31st day of October, 2017 BEFORE THE HON’BLE MR JUSTICE BUDIHAL R B Criminal Petition No 6950 of 2017 BETWEEN:
LOKESH S/O HONNAMADEGOWDA OCC: FARMER R/AT GULGANAHALLI KODIHALLI HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT-562117 … PETITIONER [By Sri Javeed S, Advocate] AND:
STATE OF KARNATAKA BY KODIHALLI POLICE KANAKAPURA TALUK REPT BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560 001 ... RESPONDENT [By Sri Chetan Desai, HCGP] CRIMINAL PETITION IS FILED UNDER SECTION 438 CrPC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR. NO. 51/2015 (CC NO 1010/2016), REGISTERED BY THE KODIHALLI POLICE, RAMANAGARA DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 504 AND 326 R/W SECTION 149 OF IPC.
THIS CRIMINAL PETITION IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This is a petition filed by the petitioner-accused No 1, under Section 438 of Code of Criminal Procedure, seeking anticipatory bail to direct the respondent police to release the petitioner in the event of his arrest for the alleged offences punishable under Sections 143, 147, 148, 504 and 326 read with Section 149 IPC, registered in Crime No 51 of 2015 by the Kodihalli Police.
2. The case of the prosecution is that when the complainant was tying his cows in his site and when raising a fence, the accused persons picked up quarrel stating that the complainant should have left the road in his site and by saying so, removed the peg thrown away, thereby provoked others by abusing and assaulting with clubs. When the complainant resisted, he sustained injury on his fingers and he sustained grievous injury. When his wife Mayamma tried to pacify the accused, they assaulted her with a sickle, causing pain.
3. Heard the arguments of the learned counsel for the petitioner and also the HCGP.
4. During the course of the hearing of this petition, it is brought to the notice of this court that the injuries are simple in nature. The injured have been discharged from hospital. The offences alleged against the accused are triable by a magistrate court. The offences are not punishable either with imprisonment for life or death.
5. Accordingly, the petition is allowed. The respondent- police is directed to release the petitioner on bail, in the event of his arrest for the abovesaid offences registered by respondent police station in Crime No 51 of 2015, subject to the following conditions:
i. Petitioner shall execute a personal bond for ` 50,000/- [Rupees fifty thousand only] and has to furnish one surety for the likesum to the satisfaction of the arresting authority.
ii. Petitioner shall not tamper with any of the prosecution witnesses directly or indirectly.
iii. Petitioner has to make himself available before the Investigating Officer for interrogation as and when called for and to cooperate with further investigation.
iv. The petitioner shall appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond.
Sd/- JUDGE *pjk