IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE:
THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION No.5539/2019 BETWEEN:
NAVEEN KUMAR Y.N. @ DYUC, S/O. NAGARAJ AGED ABOUT 22 YEARS R/AT NO.39, 6TH CROSS, 8TH MAIN, VENKATAPURA, KORAMANGALA, BENGALURU – 560 034 PERMANENTLY RESIDING AT BELLARU ROAD, 1ST CROSS, SUJIMALESHWARANAGARA, CHALLAKERE CHITRADURGA – 577 522 ... PETITIONER [BY SRI. LAKSHMIKANTH K., ADV.] AND:
STATE OF KARNATAKA BY MADIVALA POLICE STATION BENGALURU REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU – 560 001 … RESPONDENT [BY SRI. HONNAPPA, HCGP] THIS PETITION IS FILED UNDER SECTION 439 OF CR.PC, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO.166/2019 OF MADIVALA P.S., BANGALORE, FOR THE OFFENCE P/U/S. 307 R/W. SECTION 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard and perused the records.
2. The petitioner is arraigned as Accused No.2 in Crime No.166/2019 which culminated in CC No.17893/2019 on the file of III Additional Chief Metropolitan Magistrate, Bengaluru, after filing of the charge sheet.
3. The brief allegations are that on 8.6.2019 at about 5 pm, the complainant has lodged a complaint stating that the injured by name Sanjay was attacked by the accused persons with chopper and clubs and made attempts to kill Sanjay by assaulting him on his head and other parts of his body. Said Sanjay was admitted to St. John’s Hospital. Presently, said person has been discharged from the hospital and charge sheet has already been filed. Accused were already arrested, interrogated and they are presently in judicial custody. The wound certificate which is shown to the Court shows that the injured has suffered simple injuries. Under the above said factual circumstances, during the course of full dressed trial, it is for the prosecution to establish that the acts of the accused are under section 307 of IPC. Considering the nature of allegations and incarceration of the accused, I am of the opinion that the petitioner is required to be enlarged on regular bail.
4. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.166/2019 of Madivala Police Station or C.C. No.17893/2019 on the file of III Additional Chief Metropolitan Magistrate, Bengaluru, registered against him for the offence punishable under Section 307 read with Section 34 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with one surety for the like- sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not tamper with the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of.
Sd/-
JUDGE AN/-