IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.1601 OF 2019 BETWEEN:
SRI BABU @ CHAPPAR BABU @ ZAMEER PASHA S/o ABDUL WAHAB AGED ABOUT 26 YEARS, R/AT NO.10, 3RD CROSS, 8TH MAIN, BEHIND PHILOMINA HOSPITAL NAGAWARA, BANGALORE-560045 (BY SRI. NAUSHAD PASHA, ADVOCATE) AND STATE BY J J NAGAR POLICE STATION BANGALORE-560018 REP BY SPP HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BANGALORE-01 (BY SRI. HONNAPPA, HCGP) ...PETITIONER …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.7/2019 OF JAGAJEEVANRAM NAGAR POLICE STATION, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 143 & 307 READ WITH 149 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 the learned HCGP for the respondent-state. Perused the records.
2. The allegations against this petitioner is that he along with other accused persons on 23.1.2019 near Pallavi Talkies in Sampangiramanagara, assaulted CW1 with a knife on his left buttock and caused injuries.
3. Of course the injuries are simple in nature.
But, the way in which the accused has attacked the complainant and caused injuries, there are materials to show that such incident happened. Therefore in the above said circumstances particularly, the petitioner is not entitled to be enlarged on anticipatory bail as such. Of course, accused Nos. 2 and 3 have been released on bail. But, they were released on bail on filing application for grant of regular bail. On the ground of parity, of course the petitioner is also entitled to be enlarged on bail.
4. Under the above said circumstances, petition under section 438 Cr.P.C is dismissed, with liberty to the petitioner to file appropriate application for grant of regular bail. In that eventuality, the concerned court without any unnecessary delay and as expeditiously as possible dispose of the said application.
Sd/- JUDGE ckl/-