IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF DECEMBER 2017 BEFORE THE HON'BLE MR. JUSTICE N.K. SUDHINDRARAO CRIMINAL PETITION NO.10135/2017 BETWEEN:
NANDISH S/O RAMEGOWDA, AGED ABOUT 33 YEARS, R/AT BEVINAHALLI VILLAGE, T NARASIPURA TALUK MYSURU DISTRICT PIN NO.571124 (BY SRI. JAGADEESHA H) AND THE STATE OF KARNATAKA BY BANNUR POLICE STATION BANGALORE REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560 001 (BY SRI. CHETAN DESAI, HCGP) ... PETITIONER ... RESPONDENT THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.128/2017 (S.C.NO.206/2017) OF BANNUR P.S., MYSURU DISTRICT FOR THE OFFENCE P/U/S 377, 302, 201 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent.
2. The respondent-Police registered a case against the petitioner in Crime No.128/2017 in respect of offences punishable under Sections 377, 302 and 201 of IPC.
3. The case of the prosecution is that deceased, Rajendra Kumar had received a call at about 9.45 p.m. on 19.4.2017 from deceased and he was secured by the accused to the land of CW-23 regarding the monetary aspect. Later it was revealed that on 20.4.2017 at about 2.30 am accused entered into sex against the said Rajendra and thereafter strangulated him with towel.
4. The learned counsel for the petitioner submits that the learned Trial Judge has rejected the bail application of the petitioner and hence, he has filed this petition.
5. The petitioner was arrested on 21.4.2017.
After investigation, charge sheet is filed. The petitioner is in judicial custody during the entire investigation. He is stated to be permanent resident of the said village. He has no criminal background. Hence, the petitioner is entitled to be released on bail.
6. Accordingly, petition is allowed. The petitioner-accused is enlarged on bail in Cr.No.128/2017 registered by Bannur Police Station, Mysuru subject to the following conditions;
i) The petitioner shall execute a personal bond for Rs.1,00,000/- with a solvent surety owning and possessing immovable properties for the likesum.
ii) The petitioner shall not terrorize the witnesses nor tamper the prosecution evidence in any manner.
iii) The petitioner shall not leave the territory of the trial Court without prior permission till the completion of the trial.
iv) The petitioner shall mark his attendance before the Investigating Officer of the above case on every second Saturday at 9.00 p.m. until further orders.
Sd/- JUDGE DM