IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2017 BEFORE THE HON' BLE MR. JUSTICE BUDIHAL R.B. CRIMINAL PETITION NO.9197/2017 BETWEEN SANTHOSH KUMAR B.K., S/O KEMPAIAH, AGED ABOUT 25 YEARS, R/AT NO. 282, 2ND G MAIN ROAD, 11TH BLOCK, NAGARABHAVI, 2ND STAGE, BENGALURU – 560072.
(BY SRI MOHANKUMAR D., ADVOCATE) AND THE STATE OF KARNATAKA, BY VIJAYANAGAR POLICE STATION, BENGALURU (BY SRI CHETAN DESAI, HCGP) *** ...PETITIONER ...RESPONDENT THIS CRIMINAL PETITION IS FILED U/S.439 OF Cr.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO. 583/2017 OF VIJAYANAGAR P.S., BENGALURU FOR THE OFFENCES P/U/Ss 504, 448 & 307 OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This is the petition filed by the petitioner/accused under Section 439 of Cr.P.C., seeking his release on bail in Crime No.583/2017 registered by the respondent- Police, of the alleged offences punishable under Sections 504, 448 and 307 of I.P.C.
2. Heard the arguments of the learned counsel appearing for the petitioner and also the learned HCGP for the respondent-State.
3. During the course of hearing of this petition, it is submitted on both the side that injured alleged to have sustained two injuries, as per the Wound Certificate one injury is grievous in nature and another is simple in nature. Both the side made the submission that injured has already been discharged from the hospital. It goes to show that at this stage the life of the injured is safe and out of danger. Though one of the alleged offence punishable under Section 307 of I.P.C., is wrong, but not exclusively punishable with death or life imprisonment.
4. Petitioner contend that he has not committed the alleged offences and there is false implication. He is ready to abide any conditions to be imposed by this Court. Hence, the following:
ORDER The petition is allowed. The respondent-police is directed to enlarge the petitioner on bail, registered on the file of respondent-police station in Crime No.583/2017, subject to the following conditions:
i) Petitioner shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety for the like sum to the satisfaction of the concerned Court;
ii) He shall not tamper with any of the prosecution witnesses, directly or indirectly;
iii) He shall appear before the concerned Court regularly.
Sd/- JUDGE Sbs*