IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRIMINAL PETITION NO.7544/2019 BETWEEN Shri.Madhiallagan @ Abbly S/o late Annyappa, Aged about 39 years, R/at No.38, Harijan Seva Sangh, Lakshmipuram, CMH Road, Halasuru, Bengaluru – 560008. ... Petitioner (BY Sri. S. Balakrishnan, Advocate) AND State of Karnataka by Indranagar Police, Represented by Special Public Prosecutor, High Court Building, Bengaluru – 560001. ... Respondent (BY Sri. Honnappa, HCGP) This Criminal Petition is filed under Section 439 Cr.P.C praying to enlarge the petitioner on bail in Cr.No. 230/2019 of Indiranagar Police Station, Bengaluru City for the offence punishable under Section 120-B, 341, 326, 307, 149 of IPC and etc.
This criminal petition coming on for orders this day, the court made the following:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the Respondent –State. Perused the records.
2. The police have registered a case in Crime No.230/2019 initially against the accused persons by name Karthik, Mariyadas and others on the complaint lodged by one Mr.Lokesh. The allegations are that on 03.10.2019, when the injured Harish at about 9.30 p.m., was proceeding on CMH Road at 17th cross on talking with another witness by name Lokesh, at that time, two or three persons came there and assaulted with choppers and knife and thereafter, the complainant as well as other persons sustained injuries and admitted to the Hospital. During the course of investigation, the police have recorded the statement of accused No.1 and in his statement, he has stated that the present petitioner who is arraigned as accused No.1 in the remand application that he was supporting the other accused persons and instigating them to do away with the life of the injured. So that, he can give support and pay some money. Except that, there is no allegation that he actually participated in the incident on 03.10.2019. Therefore, the relationship between the accused and this petitioner in conspiracy with common intention of abatement has to be established during the course of full dressed trial. The learned counsel also brought to the notice of this Court that one of the accused who actually participated by name Karthik has already been released on bail by the Sessions Court vide order passed on 05.11.2019 by the Additional Civil Judge, Mayo Hall, Bengaluru. In view of the above said circumstances, the petitioner is also entitled to be enlarged on bail. Hence, I proceed to pass the following:-
ORDER The petition is allowed. The petitioner shall be released on bail in connection with Crime No.230/2019 of Indiranagar Police Station, Bengaluru City for the offence punishable under Section 120-B, 341, 326, 307, 149 of IPC, subject to the following conditions:-
i) The petitioner shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
ii) The petitioner shall not tamper with the prosecution witnesses.
iii) The petitioner shall appear before the trial Court on all future hearing dates unless exempted for any genuine reasons by the Court.
iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission till the case registered against him is disposed of.
(v) The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 a.m. and 5.00 p.m. before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/-
JUDGE NBM