IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.9187/2017 BETWEEN:
SRI BASAVARAJU SON OF SIDDALINGAPPA AGED ABOUT 42 YEARS, RESIDING AT BYALADAKERE VILLAGE JAVAGAL HOBLI, ARASIKERE TALUK, HASSAN DISTRICT PIN CODE 573125 (BY SRI.SIDDAMALLAPPA P M., ADV.) AND STATE BY JAVAGAL POLICE ARASIKERE TALUK, HASSAN DISTRICT, PIN CODE 573125 REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA (BY SRI.CHETAN DESAI, HCGP) ...PETITIONER ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.07/2017 OF JAVAGAL POLICE STATION, HASSAN AND S.C.NO.90/2017 PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN FOR THE OFFENCE P/U/S 506,302, AND 324 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 324, 302, 506 read with 34 of IPC, registered in respondent – police station Crime No.7/2017.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.
3. It is the contention of the learned counsel for the petitioner/accused No.1 that looking to the allegations made in the complaint and also the statement of eye-witnesses, all the four accused persons alleged to have assaulted the deceased on the head portion, but as per the post-mortem report, only two injuries are noticed by the Doctor on the head portion. He has also submitted that accused No.2 is already granted with bail by the order of this Court and the petitioner is also standing on the same footing with that of accused No.2, hence, submitted to allow the petition and grant bail to the petitioner.
4. Per contra, learned HCGP has submitted that as per the post-mortem report two injures are noticed and the prosecution material also shows that accused Nos.1 and 2 assaulted the deceased on the head portion. However, he has submitted that accused No.2 has already been admitted to bail and the petitioner is also on the same footing.
5. I have perused the grounds urged in the bail petition, FIR, complaint, so also, the order dated 28.09.2017 passed in Crl.P.6931/2017 in respect of accused Nos.2 and 3, and the order dated 13.11.2017 passed in Crl.P.8154/2017 in respect of accused No.4. The entire merits of the case are already considered by this Court. The investigation is completed and charge sheet has been filed. In view of these materials, I am of the opinion that by imposing reasonable conditions, petitioner can be enlarged on bail.
6. Accordingly, petition is allowed.
Petitioner/accused is ordered to be released on bail for the offence punishable under Sections 324, 302, 506 read with 34 of IPC, registered in respondent – police station Crime No.7/2017, subject to the following conditions:
i. Petitioner has to execute a personal bond for Rs.1,00,000/- and has to furnish one surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner has to appear before the concerned Court regularly.
Sd/- JUDGE BSR