IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE BUDIHAL R.B. CRIMINAL PETITION NO.9176 OF 2017 BETWEEN:
1. Naveena @ Layout Naveena S/o Rajashekar Aged about 34 years, R/at 34, 3rd B Cross, Sriramnagara, A G B Layout, Mahalakshmipuram Layout, Bangalore – 560 086.
2. Satish Dabar S/o Venkatesh, Aged about 31 years, R/at No.241, MCM and ITI Extension, Mallathahalli, Bangalore North – 560 056.
3. Satya S S/o late Shekar, Aged about 33 years, R/at No.69, 3rd Cross, M.G. Nagar, Basaveshwaranagara, Bangalore – 560 079.
(By Sri. Manjunath .M.R, Advocate) …Petitioners AND:
The State of Karnataka, By Mahalakshmipuram Police Station, Bangalore City, Rep by Public Prosecutor, High Court Building, Bangalore – 560 001.
(By Sri. K. Nageshwarappa, HCGP) ….Respondent This criminal petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail in Crime No.361/2017 of Mahalakshmipuram Police Station, Bengaluru for the offence P/U/S 143, 147, 148, 307 and 323 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 petitioners/accused Nos.2, 3 and 5 under Section 439 of Cr.P.C. seeking their release on bail for the alleged offences punishable under Sections 143, 147, 148, 307, 323 read with Section 149 of IPC, registered in respondent – police station Crime No.361/2017.
2. Heard the arguments of the learned counsel appearing for the petitioners/accused Nos.2, 3 and 5 and also the arguments of learned High Court Government Pleader for the respondent – State.
3. I have perused the grounds urged in the bail petition, FIR, complaint and other materials produced in the case.
4. During the course of hearing of the petition, the learned counsel for the petitioners submitted that the injured has been already discharged from the hospital. The said statement is not disputed by the learned HCGP. This goes to show that the condition of the injured is safe and is out of danger. The petitioners contended in the bail petition that they are innocent not involved in committing the alleged offence and there is false implication of the petitioners. They are ready to abide by any reasonable conditions to be imposed by this Court. The alleged offence under Section 307 of IPC, though it is non-bailable offence but is not exclusively punishable with death or imprisonment for life. Hence, by imposing reasonable conditions, they can be admitted to regular bail.
5. Accordingly, petition is allowed.
Petitioners/accused No.2, 3 and 5 are ordered to be released on bail for the offences punishable under Sections 143, 147, 148, 307, 323 read with Section 149 of IPC, registered in respondent – police station in Crime No.361/2017 subject to the following conditions:
a. Petitioners/accused Nos.2, 3 and 5 shall execute a personal bond for Rs.50,000/- each (Rupees Fifty Thousand only) and have to furnish one solvent surety for the likesum to the satisfaction of the concerned Court.
b. Petitioners/accused Nos.2, 3 and 5 shall not tamper with any of the prosecution witnesses, directly or indirectly.
c. Petitioners/accused No.2, 3 and 5 shall appear before the concerned Court regularly.
Sd/- JUDGE MBM