IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.8994/2017 BETWEEN:
MAHENDRA N. S/O NAGARAJ AGED ABOUT 24 YEARS RESIDING AT THAMMANNA BUILDING II CROSS BEHIND MUTHURAYASWAMY TEMPLE PRASHANTHNAGAR T. DASARHALLI BENGALURU – 560 057.
(BY SRI SANJIVA V. BELAGALI, ADV.) AND:
STATE OF KARNATAKA BAGALGUNTE POLICE STATION BENGALURU REP. BY GOVERNMENT PLEADER HIGH COURT OF KARNATAKA BENGALURU – 560 001.
(BY SRI K.NAGESHWARAPPA, HCGP.) ... PETITIONER ...RESPONDENT THIS CRL.P. FILED UNDER SECTION 439 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.398/2017 OF BAGALAGUNTE POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S. 341, 323, 307 R/W 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed by the petitioner/accused No.2 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 341, 323, 307 r/w. 34 of IPC registered in respondent – police station Crime No.398/2017.
2. Heard the arguments of the learned counsel appearing for the petitioner and also the learned High Court Government Pleader appearing for the respondent-State.
3. I have perused the grounds urged in the bail petition, FIR, complaint and other materials produced in the case.
4. Now the investigation of the case is completed and charge sheet is also filed. During the course of hearing of this petition, learned High Court Government Pleader made the submission that there are only two injuries sustained by the complainant, which are simple in nature. The alleged offence under Section 307 of IPC is not exclusively punishable with death or imprisonment for life. This Court has already granted bail to accused No.3 by order dated 06.10.2017 in Crl.P.No.7859/2017.
5. Accordingly, petition is allowed.
Petitioner/accused No.2 is ordered to be released on bail for the offence punishable under Sections 341, 323, 307 r/w. 34 of IPC registered in Crime No.398/2017, subject to the following conditions:
i. Petitioner shall execute a personal bond for Rs.50,000/- and furnish one surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall appear before the concerned Court regularly.
Sd/- JUDGE SA