IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7039 OF 2019 BETWEEN :
SRI. B. MANJUNATH, S/O. BHEEMARAY, AGED ABOUT 20 YEARS, R/AT NO.369, 8TH CROSS, RAJESHWARINAGAR, FRIENDS CIRCLE, LAGGERE, BANGALORE-560 032.
... PETITIONER (BY SRI: ADITHYA KUMAR H.R., FOR SRI. RAVINDRANATH M., ADVOCATES) AND :
THE STATE OF KARNATAKA BY RAJAGOPAL NAGAR POLICE STATION, IN CRIME NO.436/2019, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-01.
(BY SRI: ROHITH B.J., HCGP) ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.436/2019 OF RAJAGOPAL NAGAR POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 323, 324, 326, 504, 506, 307 R/W 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner is arraigned as Accused No.2 in Crime No.436/2019 on the file of the respondent-police for the offence punishable under Sections 506, 504, 323, 324, 307 and 326 r/w Section 34 of IPC.
2. The brief facts of the case are that on 21.05.2019 the complainant and his friends by name Sri. Somashekar and Kumar were consuming food in a military hotel situated at Laggere Ring Road. At that time, the accused persons went there and Accused No.1 has assaulted the complainant and his friends with a knife. There is no specific allegations against this petitioner as such available, more than that, Accused No.1 Yogesh J.M. after filing charge sheet has been released on bail by the LXIV Addl. City Civil and Sessions Judge in Crl. Misc. No.9088/2019 vide order dated 18.10.2019.
3. Looking to the above said facts and circumstances, this petitioner is also entitled to be enlarged on bail even on the ground of parity under Section 439 of Cr.P.C. Hence, I pass the following:
O R D E R The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.436/2019 of Rajagopal Nagar Police Station registered for the offence punishable under Sections 506, 504, 323, 324, 307 and 326 r/w Section 34 of IPC, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with Two sureties 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 Snc