IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.5068/2019 BETWEEN:
SRI C.N.NIJAGUNA S/O. SRI NINAPPA AGED ABOUT 58 YEARS RESIDING AT CHIKKABALLEKERE VILLAGE AJJAMPURA TALUK CHIKKAMAGALURU DISTRICT (BY SRI T.SESHAGIRI RAO, ADV.,) ... PETITIONER AND:
THE STATE BY BIRUR POLICE CHIKKAMAGALURU REPRESENTED BY ITS S.P.P. HIGH COURT BUILDING BANGALORE - 560001 (BY SRI HONNAPPA, HCGP) …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.74/2019 OF BIRUR POLICE STATION, CHIKKAMAGALURU FOR THE OFFENCE P/U/S 341, 324, 504, 332, 392, 394 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioner, learned High Court Government Pleader for respondent/State and perused the records.
2. The brief facts of the case on hand are that the complainant by name Krishnabhovi lodged a complaint against the petitioner herein & another stating that the accused persons have taken loan from the D.C.C Bank, Kadur for the purpose of purchasing a tractor and they have defaulted themselves in repaying the loan. Therefore, the complainant and one Suresh were deputed for the purpose of seizing the said tractor. Accordingly they went to the place of accused and while seizing the said tractor and taking away the same towards Kadur, at that time, the accused persons particularly the present petitioner and his son had intercepted the way of the said Suresh, complainant and assaulted them with the helmet and caused simple injuries and abused them in filthy language and taken back the tractor along with the accused persons. On these allegations, the investigation is in progress. The accused persons were already arrested and produced before the jurisdictional Magistrate and remanded to judicial Custody. It shows that the petitioner is no more required for interrogation particularly under Section 439 of Cr.P.C.
3. In the above said facts and circumstances of the case, the petitioner is entitled to be enlarged on bail on certain conditions. Hence the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.74/2019 of Birur Police Station on the file of III Additional Civil Judge and JMFC Court, Kadur, for the offence punishable under Sections 341, 324, 504, 332, 392 and 394 of IPC subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand 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 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 HJ