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.7837 OF 2017 BETWEEN:
SATHISH S/O HANUMANTHAPPA AGED ABOUT 36 YEARS OCCUPATION: DRIVER BMTC – BENGALURU MAJESTIC DEPOT R/AT NO.10, 2ND MAIN 4TH CROSS, PATEGARPALYA VIJAYANAGAR BENGALURU – 560 040.
(BY SRI HASHMATH PASHA, ADV.) AND:
STATE OF KARNATAKA BY ABBINAHOLE POLICE HIRIYURU TALUK CHITRADURGA DISTRICT – 577 598 REPRESENTED BY STATE PUBLIC PROSECUTOR ... PETITIONER ... RESPONDENT (BY SRI K. NAGESHWARAPPA, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.41/2017 OF ABBINAHOLE POLICE STATION, CHITRADURGA FOR THE OFFENCES P/U/Ss. 143, 147, 148, 341, 120B, 504, 324, 307, 302 R/W 149 OF IPC, PENDING ON THE FILE OF THE HON’BLE JMFC, HIRIYURU, CHITRADURGA DISTRICT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed by the petitioner under Section 439 Cr.P.C. seeking his release on bail in Crime No.41/2017 for the offences punishable under Sections 143, 147, 148, 341, 120B, 504, 324, 307, 302 r/w Section 149 of IPC.
2. In the complaint dated 17.3.2017, the names of accused Nos.1 and 2 are Sathish S/o Hanumanthappa and Sathish S/o Maranna.
3. Sathish S/o Maranna is accused No.2 in the final report. It is stated that the allegation made against the petitioner and accused No.2 are same.
4. Learned counsel for the petitioner would submit that the names and overt-acts are not properly understood by the Investigating Officer and at the same time CW.1, who is claimed to have made the victims come out of the house earlier in the subsequent circumstances of the case becomes accused No.17. Thus, the prime reliance by the prosecution is CW.1 and during the course of investigation and on the basis of the statement, she becomes accused No.17. Learned counsel for the petitioner would further submit that accused No.2 has been granted bail by this Court by order dated 20.09.2017 in Crl.P.No.7044/2017.
5. The accused is in judicial custody since 24.03.2017. No prejudice would be caused to the prosecution if the petitioner is released on bail.
6. Accordingly, the petition is allowed.
Petitioner is ordered to be released on bail in Crime No.41/2017 of the respondent – Police Station for the offences punishable under Sections 143, 147, 148, 341, 120B, 504, 324, 307, 302 r/w Section 149 of IPC, subject to the following conditions:
i) The petitioner-accused shall execute a personal bond for Rs.1,00,000/- (Rupees One Lakh only) with a surety owning and possessing immovable properties for the likesum.
ii) The petitioner-accused shall not terrorize or tamper the prosecution witnesses in any manner.
iii) The petitioner-accused shall not leave the Karnataka border till CWs.1 and 2 are examined without prior permission of the trial Court.
iv) The petitioner-accused shall mark his attendance before the Investigating Officer of the above case on every first Saturday of each month between 9.00 and 10.00 p.m. until further orders by the trial Court.
Sd/- JUDGE ca