IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF DECEMBER 2017 BEFORE THE HON'BLE MR. JUSTICE N.K.SUDHINDRARAO CRIMINAL PETITION No.10115 OF 2017 BETWEEN:
SATISHA @ PUNE S/O SRI KUMARA AGED ABOUT 22 YEARS R/AT 7TH CROSS BESIDES MUNIVENKATAPPA’S HOUSE JAMBU SAVARI DINNE J.P.NAGAR VIII PHASE BENGALURU – 560 078.
(BY SRI K.A. CHANDRASHEKARA, ADV.) AND:
THE STATE OF KARNATAKA BY THE POLICE OF PUTTENAHALLI POLICE STATION BENGALURU – 560 078.
REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU – 560 001.
... PETITIONER ... RESPONDENT (BY SRI CHETAN DESAI, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME No.418/2017 OF PUTTENAHALLI POLICE STATION, BENGALURU CITY FOR THE OFFENCES P/U/Ss.143, 144, 147, 148, 341, 323, 324, 307, 504, 506, 109, 120B R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This criminal petition is registered on the basis of the complaint lodged by one Rajath Shetty in Crime No.418/2017 for the offences punishable under Sections 143, 144, 147, 148, 341, 323, 324, 307, 504, 506, 109, 120B r/w Section 149 of IPC.
2. It is stated that dispute arose in respect of installing pipe underground for the purpose of agriculture in the land of the complainant. In this background, there was a dispute between the complainant and the accused persons. It is also stated on 25.11.2017, in the night around 9 to 10 p.m., Prashanth Shetty and his men Manu Shetty and Balla, gave life threat to the complainant. Further, when the complainant was near his uncles bakery, 5 to 6 unknown people came and the complainant was beaten black and blue with a dagger and inflicted serious injuries and fled. The accused persons while going also proclaimed that they are going to take away the life of the complainant. In this background, case was registered.
3. Sri K.A. Chandrashekara, learned counsel for the petitioner would submit that when the case was registered, there was 7 accused persons and at the time of submitting the final report the petitioner’s name also came to be included as accused No.9.
4. Learned HCGP would oppose the bail application.
5. It is to be seen that the accused persons are shown as 9 in the final report. In the circumstances, it has to be seen in the light of version of the complaint, as 5 to 6 persons who attacked him. Accused is in custody since 29.11.2017. I do not find that there was a likelihood interference to the investigation. In the context and circumstances, no prejudice would be caused to the prosecution in case the petitioner is released on bail.
Accordingly, the petition is allowed. Petitioner is ordered to be released on bail in Crime No.418/2017 of the respondent – Police Station for the offences punishable under Sections 143, 144, 147, 148, 341, 323, 324, 307, 504, 506, 109, 120B r/w Section 149 of IPC, subject to the following conditions:
i) The petitioner-accused shall execute a personal bond for Rs.50,000/- (Rupees Fifty Thousand only) with a surety owning and possessing immovable properties for the likesum.
ii) The petitioner-accused shall not terrorize the witnesses nor tamper the prosecution evidence 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 second and fourth Saturday between 9.00 and 10.00 p.m. until further orders.
Sd/- JUDGE ca