IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.6300/2017 BETWEEN:
Nagendra @ Nama S/o Mahadeva Aged about 24 years R/at No.56 4th Cross Kalidasa Layout Srinagara Bangalore-560 019. ... PETITIONER (By Sri K Lakshmi Kanth, Adv.) AND:
State of Karnataka By Kengeri Police Station Bengaluru Represented by its Public Prosecutor High Court Building Bengaluru-560 001. ...RESPONDENT (By Sri Chetan Desai, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.109/2017 of Kengeri P.S., Bengaluru City, for the offences P/U/S 307, 332 and 353 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER This petition is filed by the petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 353, 332 and 307 of IPC registered in respondent – police station Crime No.109/2017.
2. Brief facts of the prosecution case are that, complainant one Shivaswamy, Police Inspector of Byatarayanapura police station filed the complaint alleging that he is working as Police Inspector in the said police station since October 2016. On 14.3.2017 at about 19.50 hours he received information that one Nagendra @ Nama who is an accused in crime No.84/2017 and also rowdy sheeter has been causing nuisance in the public by holding long. After receipt of the said information, complainant along with his staff went to the spot in a police jeep near Vishweshwara Layout, Kengeri and found one person holding long. One of his staff informed him that he is Nagendra, petitioner herein. When tried to caught hold of him, petitioner tried to escape and caused injury to P.C.No.10989. After that he tried to assault the complainant, for which the complainant by showing pistol for self defense asked him not to assault and fired in air to warn him. In spite of the same, petitioner tried to assault the complainant, as such, complainant fired on his leg, by that time, it was 9.50 p.m. After that complainant informed to the control room through Kengeri police and secured 108 ambulance and shifted the accused to the hospital with the help of police and complainant and PC were also admitted to Rajarajeshwari hospital. On the basis of such complaint, case was registered against the petitioner for the above said offences.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.
4. I have perused the grounds urged in the bail petition, FIR, complaint and other charge sheet material produced by the petitioner along with the petition.
5. Looking to the prosecution material, it is no doubt true that in connection with Crime No.84/2017 when the police had been to the spot to apprehend the petitioner, at that time, petitioner tried to assault the police with long and when the complainant to warn him firstly fired in the air and thereafter to the lower limb of the petitioner. The prosecution material also shows that the complainant and the police constable are also injured in the incident. The injury certificate shows that they have sustained simple injuries and are already discharged from the hospital.
6. The petitioner has contended in the petition that he is innocent and is not involved in committing the alleged offences and there is a false implication. He is ready to abide by any reasonable conditions to be imposed by this Court. The investigation is completed and chargesheet is filed. The alleged offence under Section 307 of IPC though is non-bailable in nature, but not exclusively punishable with death or imprisonment for life. Hence, by imposing reasonable conditions, petitioner may be admitted to regular bail.
7. Accordingly, petition is allowed. Petitioner- accused is ordered to be released on bail for the offences punishable under Sections 353, 332 and 307 of IPC registered in respondent – police station Crime No.109/2017, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.50,000/- and furnish one solvent 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 bkp