IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO CRIMINAL PETITION NO.10088/2017 BETWEEN:
1. RAKESH S S/O SUBRAMANI, AGED ABOUT 23 YEARS, 2. SREENIVAS S/O MUNIYAPPA, AGED ABOUT 30 YEARS, BOTH ARE RESIDING AT ADUR VILLAGE, BIDARAHALLI HOBLI BENGALURU EAST TALUK, BENGALURU DISTRICT-560 049.
3. NAVEEN K.S S/O SOMANNA, AGED ABOUT 28 YEARS, R/AT KITAGANUR VILLAGE, BENGALURU EAST TALUK, BENGALURU DISTRICT-560 049.
... PETITIONERS (BY SRI B.RAVINDRA, ADV.,) AND:
THE STATE OF KARNATAKA BY AVALAHALLY POLICE STATION, REP.BY SPP, HIGH COURT OF KARNATAKA, BANGALORE-560 001.
(BY SRI K.NAGESHWARAPPA, HCGP) ... RESPONDENT THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.162/2017 OF AVALAHALLY POLICE STATION, BENGALURU DISTRICT 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:
O R D E R The case is based on the complaint dated 04.05.2017 and the incident is dated 22.04.2017. The complaint is lodged in Crime No.162/2017 by the respondent-Police Station for the offences punishable under Section 307 read with Section 34 of IPC.
2. It is stated in the complaint that the wife of the injured in this case is the complainant. She stated in the complaint that on 22.04.2017 at about 6.30 am., her husband left home for job and did not return and on 23.04.2017 at about 9.30 am., one Gururaj had brought him and stated that he was admitted to Hospital. There is a delay of 15 days in lodging the complaint.
3. Perused the complaint in connection with the overt-act stated by the complainant.
4. Learned counsel for the petitioners would submit that the complaint is lodged because of political rivalry.
5. Learned High Court Government Pleader opposes the bail application.
6. From the above facts and circumstances of the case, I am of the serious view that it is just and proper to enlarge the petitioners on bail.
7. Accordingly, the petition is allowed. Petitioners are ordered to be enlarged on bail in Crime No.162/2017 of the respondent – Police Station for the offence punishable under Section 307 read with Section 34 of IPC, subject to the following conditions:-
i) The petitioners-accused shall execute a personal bond for Rs.50,000/- each with a surety owning and possessing immovable properties for the likesum;
ii) The petitioners-accused shall not terrorize the witnesses nor tamper the prosecution evidence in any manner;
iii) The petitioners-accused shall not leave the territory of the trial Court without prior permission till the completion of the trial;
iv) The petitioners-accused shall mark their attendance before the Investigating Officer of the above case on every second and fourth Saturday between 9.00 and 10.00 p.m. until further orders by the Trial Court.
Sd/-
JUDGE PB