IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.7291 OF 2019 BETWEEN:
Prasad @ Parake S/o Umesha Aged about 25 years, R/at # 831, 3rd Cross, Dasarahalli Main Road, BBMP office Right Side, Hebbal, Bengaluru – 560 024. …Petitioner (By Sri M Sriram, Advocate) AND:
State of Karnataka by Amruthahalli Police Station, Bengaluru – 560 092.
Represented by Government Pleader, High Court of Karnataka, Bengaluru – 560 001. …Respondent (By Sri. Rohith B.J., HCGP) This Criminal Petition filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.147/2019 of Amruthahalli Police Station, Bengaluru City, for the offences punishable under Sections 143, 145, 147, 148, 427, 307, 506-B and 504 read with section 149 of IPC.
This Criminal 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 HCGP for the respondent - State. Perused the records.
2. The police have registered a case against the petitioner herein, who was arraigned as accused No.6 and other accused persons for the offence punishable under Sections 307, 143, 145, 147, 148, 506(B), 149 and 427 of IPC, on the complaint lodged by the complainant namely, Manjunatha, stating that on 2.9.2019, in the night at about 10.35 p.m. some unknown persons came near his house and damaged the glass window of his house and they also abused the complainant and assaulted him with a long. As a result of which, he sustained injury to his right hand and accused persons have also assaulted on the head and back side of the complainant. During the course of investigation, on 19.9.2019, the statement of the complainant was also recorded. He has not stated anything about the presence of this petitioner or any overt acts on the part of the petitioner herein(Accused No.6). The main allegations are made against one Chethan @ Boothaiah and Harshith, who are accused Nos.1 and 2, who have assaulted the complainant with longs on his head as well as on his middle finger of his right hand. The role of this petitioner has not been stated except taking his name. Therefore, under the above said circumstances, the common intention amongst all the accused persons have to be thrashed out only during the course of the full dressed trial. Considering the overt act on the part of the petitioner, in my opinion, the petitioner is entitled to be enlarged on bail particularly, under Section 439 of Cr.P.C. Hence the following:
O R D E R The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.147/2019 of Amruthahally Police Station for the offences punishable under Sections 143, 145, 147, 148, 427, 307, 506-B and 504 of R/w Section 149 of IPC, pending on the file of Chief Metropolitan Magistrate, Bengaluru, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees one lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering 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 Psg*