IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.6631 OF 2018 BETWEEN:
1. SANNA @ LINGARAJU S/O. KUNTANINGA RAJANNA AGED ABOUT 38 YEARS 2. MOTA @ MOTTEGOWDA S/O. KUNTANINGA RAJANNA AGED ABOUT 30 YEARS BOTH ARE RESIDENTS OF BETTEGOWDANADODDI KASABA HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT-562 117.
(BY SRI PRAVEEN C., ADV.) AND:
THE STATE OF KARNATAKA BY KODIHALLI POLICE STATION KANAKAPURA TALUK RAMANAGARA DISTRICT REPRESENTED BY THE STATE PUBLIC PROSECUTOR BENGALURU-560 001.
(BY SRI K.P.YOGANNA, HCGP) ...PETITIONERS ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.104/2018 OF KODIHALLI POLICE STATION, RAMANAGARA 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 petitioners are accused Nos.3 and 4 in Crime No.104/2018 of Kodihalli Police Station. The said case is registered against the petitioners and accused Nos.1 and 2 for the offence punishable under Section 307 read with Section 34 of IPC, on the basis of the complaint / statement of one Vijay Kumar.
2. It is alleged that on 29.06.2018 at 8.00 a.m. in Bettegowdanadoddi village, due to some previous ill- will, accused Nos.1 to 4 assaulted Vijaya Kumar with rod and clubs and attempted to commit his murder.
3. The allegation of assaulting the victim with rod on the head is against accused Nos.1 and 2. So far as these petitioners are concerned, it is alleged that the first petitioner assaulted the victim with club on his left leg and the second petitioner assaulted him with club on the back.
4. The discharge summary of the victim indicates that the victim had suffered injury on the head. There is no mention of injuries on the back and leg in the discharge summary. The wound certificate states that the victim has suffered cut lacerated injury on the parietal and occipital region and said injuries were simple in nature.
5. The club allegedly used in the commission of the offence is said to be seized under the mahazar. Whether the petitioners shared the intention of accused Nos.1 and 2 in inflicting injury on the head is a matter to be decided at trial. The victim is recovered. Under these circumstances, it is a fit case to grant anticipatory bail with suitable conditions.
6. Therefore, the petition is allowed. The petitioners/accused Nos.3 and 4 are granted anticipatory bail in Crime No.104/2018 of Kodihalli Police Station. If they are arrested in the said case, they shall be released on bail, subject to the following conditions:
(i) Petitioners shall appear before the Investigating Officer within ten days from the date of receipt of copy of this order.
(ii) Petitioners shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the likesum to the satisfaction of the Investigating Officer/Magistrate for their appearance.
(iii) Petitioners shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial.
(iv) Petitioners shall not tamper the prosecution witnesses in any manner.
(v) Petitioners shall mark their attendance before the Investigating Officer on every Sunday in his office till the completion of investigation.
Sd/- JUDGE VMB