IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 7935/2019 BETWEEN MR. PRASANTH @ GUTTA S/O CHINNASWAMY AGED ABOUT 20 YEARS RESIDING AT:
NO.19, 1ST CROSS CHIKKANNA GARDEN SHANKARPURA BENGALURU – 560 004.
(BY SRI. NATARAJ D., ADVOCATE) AND STATE OF KARNATAKA BY SHANKARPURA POLICE STATION BENGLAURU REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA ... PETITIONER BENGALURU – 560 001 … 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.24/2019 OF SHANKARPURA POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S.307 R/W 34 OF IPC.
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 for the Respondent –State. Perused the records.
2. The complainant by name Sri. Charanraj has lodged a complaint stating that, he has been working as a Cab Driver in Accenture Company in Bengaluru. It is stated that on 29.09.2019, the complainant along with his friends viz., Surya, Ashoka, Dasa, Anand and Vinod went to playground of National College at 11.00 a.m.,to play cricket. When they were playing cricket, at about 2.30 p.m., at that time, the accused persons including the petitioner came there and Accused No.1 by name Tangamani tried to assault the complainant with a long on his neck, but fortunately that blow fell on his chest and he sustained severe injury to his chest and the complainant ran away from the spot and he was admitted to the hospital. On careful perusal of the contents of the complaint it is noticed that, except stating about the presence of this petitioner at the spot, there is no material to show that he was actually armed with any weapon or he made any attempts to assault the complainant. It is also not forthcoming from the records that, whether this petitioner has assaulted the complainant or whether alleged attack and assault on the complainant by the accused persons was well within the knowledge of this petitioner or not. All these aspects have to be established during the course of full- dressed trial. Further, added to the above it is stated that, the petitioner has already been arrested, interrogated and he has been sent to judicial custody. It indicates that, he may not be required for any further custodial investigation. Further, the alleged offences are not punishable either with death or life imprisonment. It is also stated that the complainant is also discharged from the hospital and he is out of danger.
3. In the above facts and circumstances of the case and the nature of allegations and his role in occurrence of the incident, in my opinion, the petitioner is entitled to be enlarged on bail. Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioner (A2)-Mr. Prashanth @ Gutta, shall be released on bail in connection with Crime No.24/2019 of Respondent-Shankarapura Police Station, Bengaluru City, for the aforesaid offence, now pending before the Court of 24th Additional Chief Metropolitan Magistrate at Bengaluru, subject to the following conditions:
(i) The petitioner shall execute his 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 tamper 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, till the case registered against him is disposed of.
v) The petitioner shall mark his attendance once in a week ie., on every Sunday between 10.00 am and 5.00 p.m., till filing of the charge sheet or for a period of two months, whichever is earlier.
KGR* Sd/-
JUDGE