IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MARCH, 2017 BEFORE THE HON' BLE MRS JUSTICE RATHNAKALA CRIMINAL PETITION NO.1242 OF 2017 BETWEEN:
SHARATH @ YATHI S/O VASANTHA, AGED ABOUT 23 YEARS, R/O. KANTHUR HOUSE, NEAR SHARAVATHI GARAGE, BLEPUNI VILLAGE, BANTWAL TALUK, D.K. DISTRICT-575 221.
(BY SRI DINESHKUMAR K.RAO, ADV., FOR SRI RAVINDRA B.DESHPANDE, ADV.,) AND:
THE STATE OF KARNATAKA BY KONAJE POLICE STATION, MANGALURU CITY-575 001.
(REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560 001).
(BY SRI S.VISHWAMURTHY, HCGP) ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.305/2016 OF KONAJE POLICE STATION, MANGALURU CITY FOR THE OFFENCE P/U/S 120(B), 399, 402, 307, 188 OF IPC AND SEC.4, 25(1)(B) OF ARMS ACT.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent- State.
The petitioner/accused No.1 is charge sheeted by the respondent-Police in their Crime NO.305/2016 for the offences punishable under Sections 120(B), 399, 402, 307 and 188 of IPC and Sections 4 and 25(1)(B) of the Arms Act.
2. Accused Nos.2 to 5 are enlarged on bail by the order of this Court in Crl.P.Nos.9514/2016 and 170/2017 dated 4.1.2017 and 18.1.2017. The specific allegation against this petitioner is, he was the rider of the motor cycle, on which, accused No.2 was the pillion rider holding a bag with lethal weapons. The investigation since complete, there is no impediment to enlarge the petitioner on bail.
3. Accordingly, petition is allowed. Petitioner is enlarged on bail in Crime No.305/2016 registered by the respondent- Police, subject to following conditions:
(i) He shall execute a self bond for a sum of Rs.1,00,000/- with one local surety for the likesum. The surety shall furnish his Aadhar Card and original title deed pertaining to his immovable property for perusal of the Court;
(ii) He shall attend the Court regularly on all hearing dates;
(iii) He shall not prevail upon the prosecution witnesses;
(iv) He shall not indulge in any criminal activities.
Sd/- JUDGE PB