IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.1233/2019 BETWEEN:
Manoj @ Appi, Aged 20 years, S/o Late Vijay Kumar, R/at No.317, Near Adigas Hotel, 13th Main Road, 3rd Block, East Jayanagar, Bengaluru-560 041.
(By Sri. Chandrahasa Rai. B, Advocate) AND:
…Petitioner The State of Karnataka, By Tilak Nagar Police Station, Bengaluru, Represented by State Public Prosecutor, High Court Building, Bengaluru-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 Cr.No.324/2018 of Thilaknagar Police Station, Bengaluru city for the offence punishable under Sections 307, 323, 504 read with Section 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in connection with his detention pursuant to proceedings in Crime No.324/2018 with respect to the offences punishable under Sections 323, 307 and 504 read with 34 of IPC.
2. The case of the prosecution is that the complaint was filed on 05.11.2018 by the sister of the injured. It is stated that her brother and his two friends had gone to Jayanagar and were waiting to go home and at about 7.00 p.m., when accused came there in a two- wheeler and had picked up quarrel with one Santhosh. It is stated that the said Santhosh was the friend of the complainant’s brother. During the said altercation, it is alleged that the accused had assaulted Santhosh. At that point of time it is stated that the accused No.1 took the stone lying on the road and assaulted the complainant’s brother. It is stated that the accused persons later fled away from the spot of the incident. Accordingly, on the basis of the above facts, complaint was filed. After the complaint was filed, FIR was lodged, investigation is completed and charge sheet has been filed. It is noticed that the petitioner is in custody since 09.11.2018. The case as made out from the charge sheet itself contains imputation as against accused No.1 as regards causing injury to the head. The only allegation even as per the contents of the charge sheet is that accused No.2 had assaulted and injured with hands.
3. Taking note of the imputation made in the charge sheet and also noticing that the injured has been discharged after taking medical treatment and also noticing the role that is assigned to the petitioner as per the charge sheet, case is made out for the petitioner to be enlarged on bail.
4. The Session Court by its order dated 11.02.2019, had observed that there was direct involvement of the petitioner.
5. However, in the light of the observation made above, petition is allowed and petitioner is enlarged on bail in Crime No. 324/2018 for the offences punishable under Sections 323, 307 and 504 read with 34 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) The petitioner shall not indulge in any criminal activities of like nature.
(vi) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE NS