IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO CRIMINAL PETITION NO.10132/2017 BETWEEN:
RAJESH @ RAJI S/O. MANI, AGED ABOUT 27 YEARS, RESIDING AT NO.68, 15TH CROSS, J.C.NAGARA, KURUBARAHALLI, BENGALURU-61.
(BY SRI. CHANDRAPPA K. N., ADV.) AND:
THE STATE OF KARNATAKA SUBRAMANYANAGARA POLICE STATION-61, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-01.
... PETITIONER ... RESPONDENT (BY SRI. CHETAN DESAI, H.C.G.P.) THIP CRIMINAL PETITION IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.95/2017 (S.C.NO.939/2017) OF SUBRAMANYANAGAR POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 324, 307 R/W 34 OF IPC.
THIS PETITION COMING FOR ORDERS ON THIS DAY THE COURT MADE THE FOLLOWING:
ORDER A case is registered for the offence punishable under Sections 307 and 324 r/w 34 of IPC in Cr.No.95/2017 by Subramanyanagar Police Station.
2. It is stated in the complaint that when the complainant was coming near Kuvempu Metro Station at about 1.45 p.m., the accused persons came in an auto rickshaw and stabbed to his neck. Due to the said assault, the complainant sustained blood injury.
3. Learned counsel for the petitioner submits that the petitioner is innocent of the alleged offence and he has been falsely implicated in the aforesaid crime. Hence, he prays for allowing the petition.
4. Learned High Court Government Pleader opposes the bail application.
5. The petitioner herein was arrested on 14.03.2017.
The petitioner is said to be in judicial custody. Considering the fact that the petitioner who is accused No.2 in this case is in judicial custody, it appears to be just and proper to enlarge the petitioner on bail. The apprehension of the prosecution be dissolved by imposing conditions.
6. Hence, the criminal petition is allowed. The petitioner-accused is enlarged on bail in Cr.No.95/2017 registered by Subramanyanagar Police Station, Bengaluru, subject to the following conditions;
i) The petitioner-accused shall execute a personal bond for Rs.1,00,000/- with a surety owning and possessing immovable properties for the likesum.
ii) The petitioner-accused shall not terrorize the witnesses nor tamper the prosecution evidence in any manner.
iii) The petitioner-accused shall not leave the territory of the trial Court without prior permission till the completion of the trial.
iv) The petitioner-accused shall mark his attendance before the Investigating Officer of the above case on every second Saturday between 9.00 p.m. and 10.00 p.m. till completion of evidence witnesses.
v) It the petitioner want to leave the city of Bengaluru, he shall inform the jurisdictional police with regard to their departure and arrival.
Sd/- JUDGE VM