IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.3613/2019 BETWEEN:
1. Mani, Aged 27 years, S/o.Late.Muniswamy, R/at No.109, 1st Cross, Nagamma Nagar, K.P.Agrahar, Bengaluru-560 023.
2. Appu @ Mahendra, Aged 20 years, S/o.Armugam, R/at No.126, 1st Cross, Nagamma Nagar, K.P.Agrahar, Bengaluru-560 023. …Petitioners (By Sri.Chandrahasa Rai.B, Advocate) AND:
The State of Karnataka, By K.P.Agrahara Police Station, Bengaluru.
Rep. by State Public Prosecutor, High Court Building, Bengaluru-560 001. ... Respondent (By Sri S. Rachaiah, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.77/2019 of Kempapura Agrahara P.S., Bengaluru for the offence punishable under Sections 341, 504, 307 read with 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioners are seeking to be enlarged on bail in the light of their detention pursuant to proceedings in Crime No.77/2019 with respect to the offences punishable under Sections 341, 504 and 307 read with Section 34 of IPC.
2. The case of the prosecution is that on 20.04.2019, complaint was lodged alleging that there was a quarrel between the complainant and residents of the locality about one year prior to the incident and that on the said date i.e., on 20.04.2019 at about 9.30 p.m., he was assaulted by accused Nos.1 and 2 resulting injuries on his legs, head and body. In the light of the said incident complaint has been filed, FIR has been registered, investigation is completed and charge sheet has been filed.
3. The learned counsel for the petitioners states that the complainant himself had assaulted the accused No.2 at an earlier point of time. It is further submitted that the complainant had taken medical treatment without being admitted to the hospital. It is submitted that investigation is completed and charge sheet has been filed, petitioners are entitled to be enlarged on bail.
4. Learned HCGP states that petitioners have criminal antecedents and in the event of they being enlarged on bail, they would misuse the liberty that may be granted.
5. Taking note of the fact that investigation is completed and charge sheet has been filed and that the complainant is stated to have recovered, the proof of the offence is a matter for trial and the present proceedings cannot be construed to be punitive in nature. However, the apprehension as regards misuse of liberty if the petitioner is enlarged on bail could be addressed by imposing suitable conditions.
6. Accordingly, petitioners are entitled to be enlarged on bail in Crime No.77/2019 for the offences punishable under Sections, subject to the following conditions:
(i) The petitioners shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) each with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioners to mark their attendance once in a month before the concerned SHO till conclusion of trial.
(iii) The petitioners shall fully co-operate for the expeditious disposal of the trial.
(iv) The petitioners shall not tamper with evidence, influence in any way any witness.
(v) In the event of change of address, the petitioners to inform the same to the concerned SHO.
(vi) The petitioners shall not indulge in any criminal activities of like nature.
(vii) Any violation of the aforementioned conditions by the petitioners, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE NS