IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28th DAY OF JUNE, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION No.5146 OF 2017 BETWEEN:
PRADEEPA @ PRADI S/O LATE BALAKRISHNA, AGED ABOUT 20 YEARS, R/AT NO.14, 4TH MAIN, 6TH CROSS, KANAKAPURA ROAD, RAMAKRISHNANAGAR, BENGALURU – 560 078 …PETITIONER (BY SRI. MANJUNATHA .G, ADV.) AND:
STATE OF KARNATAKA BY KUMARASWAMY LAYOUT POLICE, BENGALURU CITY – 560 078.
REPRESENTED BY LEARNED SPP, HIGH COURT OF KARNATAKA BENGALURU – 560 001. …RESPONDENT (BY SRI. CHETAN DESAI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 Cr.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO.196/2015 OF KUMARASWAMY LAYOUT POLICE STATION, BENGALURU CITY AND SC NO.1176/2015 PENDING ON THE FILE OF THE LXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU FOR THE OFFENCE P/U/S 302, 120B, 404 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:
O R D E R Learned HCGP is directed to take notice for the respondent.
2. The petitioner (accused No.2) along with four others is charge sheeted by the respondent police for the offences punishable under Sections 302, 120-B, 404 r/w 34 of IPC.
3. The allegation of the prosecution is that accused persons attacked the deceased with lethal weapons and assaulted him to death. The specific allegation against this petitioner is, he stabbed the deceased with a knife on his body. As per the medical report the death is due to the head injury. The accused No.1and 3 who stand on the same pedestal with this petitioner are enlarged on bail by the order of this Court in Crl.P.No.7437/2016 and Crl. P.No.2551/2017 respectively. In the given circumstances there is no impediment to allow the petition.
4. Petition is allowed. Petitioner is enlarged on bail in Crime No.196/2015 on executing a self bond for a sum of Rs.1,00,000/- with one surety for the likesum. He shall not tamper or prevail upon the prosecution witnesses in any manner. He shall attend the Court regularly on all dates of hearing.
Sd/- JUDGE KLY/