IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE N.K.SUDHINDRARAO CRIMINAL PETITION NO.7646/2017 BETWEEN:
Mayappa S/o Mahadevaiah Aged about 19 years Residing at Kere Beedhi Kurupet, Kanakapura Town, Ramanagara District-562 117 ... Petitioner (By Sri Mohan Kumar D., Advocate) AND:
The State of Karnataka By Kanakapura Police, Represented by Learned State Public Prosecutor-560 001. … Respondent (By Sri K.Nageshwarappa, HCGP) This Criminal Petition is filed under Section 439 Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.5/2017 of Kanakapura Police Station, Ramanagara District for the offences punishable under Sections 120B, 143, 147, 148, 323, 324, 341, 504, 506(B), 302 r/w 149 of IPC.
This Criminal 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.4 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 120B, 143, 147, 148, 323, 324, 341, 504, 506(B), 302 r/w 149 of IPC registered in the respondent – Kanakapura Police Station, Ramanagara District in Crime No.5/2017.
2. The case of the prosecution is that the petitioner along with others assaulted the victim with dangerous weapons and caused his death. Thus a case came to be registered against the petitioner and others for the aforesaid offences.
3. The learned counsel for the petitioner would submit that the petitioner was arrested on 3.2.2017 and since then he is in judicial custody. The respondent – Police have investigated the matter and filed the charge sheet before the trial Court. The learned counsel would further submit that the petitioner is a student studying II PUC and only son of his parents and he undertakes to obey all the conditions that is imposed by the Court and pray for enlargement of the petitioner on bail.
4. The learned HCGP has vehemently opposed the bail petition on the ground that the petitioner used dangerous weapons and assaulted deceased Pratap who succumbed to death mainly because of the assault inflicted by the petitioner. Therefore, he is not entitled to be enlarged on bail and sought for dismissal of the petition.
5. The petitioner has undertaken to abide by all the conditions that are imposed by the Court. The investigation is completed. Thus, there does not appear any likelihood of interference by the petitioner to the investigation and no prejudice is caused to the case of justice if he is enlarged on bail. The apprehensions of the prosecution can be met by imposing conditions.
6. Accordingly, the petition is allowed. The petitioner/accused is ordered to be released on bail for the aforesaid offences registered in Crime No.5/2017 of the respondent – Police Station, subject to the following conditions:
(i) The petitioner has to execute a personal bond for `1,00,000/- (Rupees One Lakh only) and has to furnish one solvent surety of a person possessing immovable properties, for the likesum to the satisfaction of the concerned Court.
(ii) He shall not tamper with any of the prosecution witnesses, directly or indirectly.
(iii) He has to appear before the concerned Court regularly and (iv) In case the petitioner is involved in any other criminal cases in future, the benefit of bail granted in this case shall stand cancelled.
RS/* Sd/- JUDGE