IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 3777/2019 BETWEEN PAWAN @ PAWANI S/O THOMAS AGED 18 YEARS RESIDENT OF VIKASH LAYOUT, NEAR CHURCH MARUTHINAGARA, YELAHANKA BENGALURU – 560 056 (BY SRI. B.S. PRASAD, ADVOCATE) AND THE STATE REPRESENTED BY DEVANAHALLI TOWN POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001 ... PETITIONER …. RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.114/2018 (S.C.NO.15001/2019) OF DEVANAHALLI P.S., BENGALURU CITY FOR THE OFFENCE P/U/Ss. 353, 332, 333, 307, 224, R/W 34 OF IPC AND SECTION 2(B) OF PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT, 1981.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP appearing for the respondent-State. Perused the records.
2. The petitioner is arraigned as Accused No.1 and the allegations made against him in brief are that, on 29.08.2018 at about 5.15 p.m., on receipt of credible information that, the accused persons in this case i.e., in Crime No. 114/2018 of respondent-Devanahalli P.S., who are also connected with Crime No.203/2018 of Yelahanka Police Station, were available in Akkupete Forest Area, the respondent-Devanahalli police officials immediately rushed to that spot in a Government Jeep and when they tried to arrest Accused No.1 (the present petitioner), he alleged to have stabbed CW.1 with a knife and tried to kill him. The police have in fact, investigated the matter and submitted charge sheet and the same was registered in C.C.
No.15001/2019 before the V Addl. District and Sessions Judge, Devenahalli. It is submitted that the petitioner (A1) was also arrested on 29.08.2018 itself and since then, he has been in judicial custody.
3. Looking to the above said facts and circumstances of the case, since there is no life threat or grievous injury sustained by CW.1 and also considering long incarceration of the petitioner (A1) in jail and the alleged offences are not punishable either with death or life imprisonment, he is entitled to be enlarged on bail on certain conditions. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner (A1)-Pawan @ Pawani shall be released on bail in connection with SC No.15001/2019 [C.C. No.4609/2018 & Crime No.114/2018 of Devanahalli Police Station] registered for the offences punishable under Sections 353, 332, 333, 307, 224 r/w. 34 of IPC, now pending on the file of the Additional District and Sessions Judge, Devanahalli, subject to the following conditions:-
i) The petitioner (A1) shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum to the jurisdictional Court.
ii) The petitioner (A1) shall not tamper the prosecution witnesses.
iii) The petitioner (A1) shall appear before the jurisdictional Court on all future hearing dates, unless exempted by the Court for any genuine cause.
iv) The petitioner (A1) shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against him is disposed of.
Sd/-
JUDGE KGR*