IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.6445 OF 2018 BETWEEN:
Michel @ Asai Thambi R S/o Ramalingam, Aged about 28 years, R/at No.1011, Ragigudda Slum, KSRTC Layout, JP Nagara 2nd Stage, Bengaluru – 560 007.
(By Sri. K.V. Rajashekara, Advocate) AND State of Karnataka By its Station House Officer, J.P. Nagar Police, Bengaluru City – 560 078. Represented by State Public Prosecutor, High Court Building, Bengaluru – 560 001 (By Smt. Namitha Mahesh .B.G., HCGP) ...Petitioner ...Respondent This Criminal Petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Crime No.96/2018 of Jayaprakash Nagar Police Station, Bengaluru for the offence punishable under Section 307 read with Section 34 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER Jayaprakash Nagar Police have registered Crime No.96/2018 against petitioner and accused No.2 Manju, for the offence punishable under Section 307 read with Section 34 of IPC on the basis of the complaint of one Santhosh C.
2. It is alleged that on 26.03.2018 at 6.00 p.m., near the house of the complainant, the accused assaulted him with chopper and fled away. It is alleged that again on the same day, at 6.15 p.m., the accused accosted the complainant and his friend Ajay near his house and assaulted the complainant and his friend Ajay with chopper and fled away.
3. As per the statement of the complainant, he took treatment in Ashwini Hospital and thereafter came to the police station and filed the complaint. Learned counsel for the petitioner produces the copy of the wound certificate issued by Ashwini Hospital, which indicates that complainant visited the hospital with history of assault by petitioner and accused No.2 at 5.30 p.m. with wooden object.
4. As per the said wound certificate, complainant has suffered two simple injuries. So far the injury certificate of the other alleged victim Ajay, is not collected. Complaint does not state that Ajay has suffered any major injury. Under these circumstances, it is a fit case to grant anticipatory bail with suitable conditions. Therefore, the petition is allowed.
5. The petitioner is granted anticipatory bail in Crime No. 96/2018 of Jayaprakash Nagar Police Station, Bengaluru. If he is arrested in the said case, he shall be released on bail on the following conditions:
(i) Petitioner/accused No.1 shall appear before the Investigating Officer within ten days from the date of receipt of copy of this order.
(ii) He shall execute personal bond in a sum of `50,000/- and furnish two sureties in the likesum to the satisfaction of the Investigating Officer for his appearance.
(iii) He shall appear before the Investigating Officer as and when required for the purpose of investigation.
(iv) He shall not tamper the prosecution witnesses in any manner.
(v) He shall mark his attendance before the Investigating Officer on every Sunday in his office till the matter is committed to the Sessions Court.
Sd/- JUDGE Mds/-