IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.5128/2017 BETWEEN SHASHANK M. S/O. MANJUNATH AGED ABOUT 22 YEARS, R/AT NO.621, 3RD MAIN, 8TH CROSS, K.N. EXTENSION, GOKULA, YASHWANTHAPURA, BANGALORE-560022.
(BY SRI.MANJUNATH M.R., ADV.,) AND THE STATE BY YASHWANTHAPURA POLICE STATION, BANGALORE REP. BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560001.
... PETITIONER ... RESPONDENT (BY SRI.CHETAN DESAI, HCGP.,) THIS PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.190/2017 OF YESHWANTHAPURA P.S., BANGALORE FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 143, 147, 148, 307 R/W 149 OF IPC AND ETC., 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.
2. The petitioner is in judicial custody in Crime No.190/2017 registered by the respondent-police in respect of the offences punishable under Sections 143, 147, 148, 307 r/w 149 of IPC.
3. The allegation is, the 1st accused stabbed the victim/Rajesh during the night hours of 15.05.2017 and this petitioner along with other friends was with the 1st accused at the time of incident. From the possession of the 1st accused, the knife allegedly used for commission of the offences is said to have been recovered. In the given circumstance, it is not required to continue the petitioner in judicial custody only for the purpose of further investigation.
4. Accordingly, petition is allowed. Petitioner is enlarged on bail in Crime No.190/2017 registered by the respondent-police, subject to the following conditions:-
i) He shall execute a self 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 threaten or prevail upon the victim or the other prosecution witnesses and he shall co-operate with the Investigating Officer during further course of investigation.
Sd/- JUDGE BS