IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.6956/2019 BETWEEN:
Sri. Alexa, S/o. Anbu, Aged about 23 years, R/at No.Nil, Vivekananada Vasthi, Sankirana, KSRTC Layout, J.P.Nagar, 2nd phase, Bengaluru-560 078. …Petitioner (By Sri.Elangovan K, Advocate) AND:
The State of Karnataka By S.H.O, Tilaknagar Police Station, Bengaluru-560 041 Represented by State Public Prosecutor , High Court of Karnataka, 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.141/2019 of Thilak Nagar Police Station, Bengaluru city for the offence punishable under Section 307, 341, 323, 504, 506(B) read with 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and learned HCGP for the respondent-State. Perused the records.
2. The petitioner is arraigned as accused No.2 in Cr.No.141/2019 of Thilak Nagar Police Station, Bengaluru for the offence punishable under Section 307, 341, 323, 504, 506(B) read with 34 of IPC.
3. The brief facts of the case are that on 06.08.2019 at about 4.30 p.m, the complainant-Sathish E along with his friend by name Iliyaz after completion of the proceedings in a Court, were proceeding to their house situated at Jayanagar, 9th block, when they reached near 28th main road near SBI Bank, accused No.1 and this petitioner and another accused were following the complainant on their motor cycle and intercepted the way of the complainant. It is alleged that accused No.1 abused the complainant in a filthy language in connection with the criminal case pending against them in the J.P.Nagar police station. In this context, it is alleged that accused No.1 stabbed the complainant on his head, left shoulder and left portion of the body for which the complainant fell down on the road, on seeing the same, the accused persons fled away from the spot.
4. Looking to the above said facts and circumstances of the case, there is no allegation of any overt act sofar as this petitioner is concerned except stating that he was also present at the spot when accused No.1 was assaulting the complainant. The intention of the petitioner has to be thrashed out that the petitioner also contributed his intention to assault the complainant during the course of full-dressed trial. Therefore, in my opinion, the petitioner is entitled to be enlarged on bail. Hence, the following:
O R D E R The Petition is allowed. Consequently, the petitioner/accused No.2 shall be released on bail in Cr.No.141/2019 of Thilak Nagar police station, Bengaluru City 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.
Sd/- JUDGE JS/-