IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.7601/2019 BETWEEN MANJUNATHA S. @ HOTEL MANJA S/O SURESH BABU AGED ABOUT 24 YEARS R/AT NO.716, KAVERI BADAVANE DASARAHALLI, HEBBALA BENGALURU – 560 024 ... PETITIONER (BY SRI. HARISH KUMAR H.C., ADVOCATE) AND STATE OF KARNATAKA BY AMRUTHHALLY POLICE STATION REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B.J, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.147/2019 REGISTERED BY AMRUTHAHALLY POLICE STATION, BENGALURU FOR THE OFFENCE P/U/Ss. 143, 145, 147, 307, 427, 504, 506(B), 427 R/W 149 OF IPC.
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.147/2019 against the petitioner herein, who was arraigned as accused No.7 and other accused persons for the offence punishable under Sections 307, 143, 145, 147, 148, 506(B), 504, 149 and 427 of IPC, on the complaint lodged by the complainant namely, Manjunatha, stating that on 2.9.2019, at 10.35 pm., some unknown persons came near his house and damaged the glass window of his house and also abused the complainant and assaulted him with a long. As a result of which, he sustained injury to his right hand and accused persons have also assaulted on the head and back of the complainant. During the course of investigation, on 19.9.2019, the statement of the complainant was also recorded. He has not stated anything about the presence of this petitioner (A7) or any overt-act on his part. The main allegations are made only against one Chethan @ Boothaiah and Harshith, who are accused Nos.1 and 2, who have assaulted the complainant with longs on his head as well as on the middle finger of his right hand. But, there is no specific overt-act attributed against this petitioner (A7). Under the above said circumstances, the aspect ‘whether there was any common intention amongst all the accused persons in assaulting the complainant or not’ , has to be thrashed-out during the course of full dressed trial.
3. It is also submitted that Accused No.6, who stands on the same footing as that of this petitioner (A7) has already been released on bail by this Court in Crl. P. No.7291/2019 vide order dated 31.10.2019. Therefore, considering that, no overt-act is attributed against this petitioner (A7), in my opinion, he is entitled to be enlarged on bail. Hence the following:
ORDER The Petition is allowed. Consequently, the petitioner (A7)-Manjunath S. @ Hotel Manja shall be released on bail in connection with Crime No.147/2019 of Amruthahally Police Station, Bengaluru, for the offences punishable under Sections 307, 143, 145, 147, 148, 506(B), 504, 149 and 427 of IPC, pending before the Court of Chief Metropolitan Magistrate, Bengaluru, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees one lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of.
SD/- JUDGE KGR*