IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.6953 OF 2019 BETWEEN:
SANTHOSH S/O GOPALAPPA AGED ABOUT 23 YEARS, RESIDING AT NO.153, 3RD CROSS, AET COLLEGE JUNCTION, DODDA KANNALLI, BENGALURU – 560 035.
...PETITIONER (BY SRI. CHANDAN.K., ADVOCATE) AND:
STATE OF KARNATAKA, BY BELLANDURU POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OFKARNATAKA, DR.AMBEDKAR VEEDHI, BENGALURU – 560 001.
...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 CR.NO.255 OF 2019 OF BELLANDURU POLICE STATION, BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 149, 504 AND 307 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioner and learned HCGP for the Respondent-State. Perused the records.
2. The respondent police have registered a case in Cr.No.255 of 2019 against the petitioner for the offences punishable under Sections 149, 504 and 307 of IPC.
3. The allegations are that on 18.8.2019 at about 7.00 p.m., the petitioner who is none other than the close relative of the injured by name Raju, quarreled with each other near Anjanadri School, Doddakannalli, Sarjapura Road, Bengalury City. Due to enragement, it appears that the petitioner has assaulted on the neck of the injured with a knife and thereafter, he ran away along with others.
4. During the course of investigation, the facts reveal that the injured was admitted to the hospital and took treatment and presently he was discharged from the hospital. There was only one cut injury on anterior aspect of neck of the injured. The petitioner was discharged from the hospital within 48 hours. The discharge summary issued by Kshema Hospital discloses that no such serious injuries occurred on the injured, which were fatal in nature.
5. Considering the above stated facts and circumstances and that the petitioner has already been arrested and since two and a half months he is in judicial custody, he is no more required for further investigation.
Considering the nature of allegations and relationship between the parties, I am of the opinion that the petitioner is entitled to be enlarged on bail on stringent conditions as the offence is neither punishable with death nor imprisonment for life. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner-accused No.1 shall be released on bail in connection with Crime No.255/2019 of Bellanduru Police Station registered for the offence punishable under Sections 149, 504 and 307 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 one surety 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 the 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.
(v) The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 a.m. and 5.00 p.m. before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Ordered accordingly.
Sd/- JUDGE DH