IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.1547/2019 BETWEEN:
RAMSINGH @ SUMER SINGH @ HOMISING @ HOMI S/O. LATE ATTHAR SINGH @ SHYAMILAL AGED ABOUT 35 YEARS R/AT. BADAKHANAPURA @ KALAKHANPUR HIYAPUR PANCHAYATHI KAIRANA TALUK SHYMLI DISTRICT UTTAR PRADESH STATE PIN CODE NO-247773 ... PETITIONER (BY SRI NAGARAJA V., ADV.,) AND:
THE STATE OF KARNATAKA BY SOLADEVANAHALLI POLICE BANGALORE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING HIGH COURT OF KARNATAKA BENGALURU - 560001 …RESPONDENT (BY SRI ROHITH B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.99/2018 (S.C.NO.287/2018) OF SOLADEVANAHALLI POLICE STATION, BANGALORE CITY FOR THE OFFENCE P/U/S 332 AND 307 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State and perused the records.
2. The petitioner is the sole accused in Crime No.99/2018 of Soladevanahalli police station for the offence under Section 307 and 332 of IPC. The case of the prosecution as per the charge sheet is that on 10.04.2018, the police constable - CWs.1 and 23 were searching the vehicles near Somashettihalli Grama Panchayat office, at that time, a Bajaj Pulsar Bike bearing No.PB-80-PB-6685 came there and when the said motorcycle intercepted by the police, the persons who are on the said motorcycle attempted to assault CW.23. In that connection in order to trace the accused persons in the said case, CWs.1, 2, 3 and 4 have constituted a team and particularly, on 10.04.2018 at about 11:15 p.m. near HMR layout belongs to one Anandreddy, police were waited for the accused persons and accused persons infact came to that particular place and police have attempted to catch them. In this connection, it is alleged that the accused who was holding the knife attempted to assault CWs.1, 3 and 4 and none of the police officers have actually suffered any injuries. To avoid the assault from the accused and to protect themselves, the police have blow a gun shot towards accused-petitioner for the purpose of nabbing him and thereafter, due to the gun shot, the accused – petitioner admitted to the hospital.
3. Therefore, looking to the above said facts and circumstances and offence under Section 307 of IPC has to be proved during the course of trial by appropriate and cogent evidence. At this stage, there are no such materials to reject the bail petition of the petitioner, though chargesheet contains that the petitioner is involved in many other cases and there is no strong and prima facie case made out against the petitioner. Mere existence of some other cases against the petitioner is not sufficient to reject the bail in this case. Moreover after arrest, the accused has been in judicial custody for more than five months and the case is committed to Court of Sessions which is registered in S.C.No.287/2018.
4. Considering the nature of allegations and the facts of the case, I am of the opinion that the petitioner is entitled to be enlarged on bail. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.99/2018 of Soladevanahalli Police Station in S.C.No.287/2018 on the file of 8th Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru registered for the offence punishable under Sections 332, 307 r/w 34 of IPC 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 Two sureties 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 HJ