IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.5154 OF 2017 BETWEEN:
Sri H.S.Harish S/o Siddegowda Aged about 46 years R/at Shanivarsanthe Somwarpete Taluk Kodagu District – 571 235 ... Petitioner (By Sri Sudharshan L, Advocate) AND:
State by Shanivarasanthe Police Station Rep. By S.P.P.
Bengaluru – 560 001 ... Respondent (By Sri S. Vishwamurthy, HCGP) This criminal petition is filed under section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Crime No.110/2017 of Shanivarasanthe police station, Kodagu, for the offence p/u/s 341, 324, 327, 448 read with Section 149 of IPC and Section 3(1)(x) of SC/ST (POA) Act.
This criminal petition coming on for orders this day, the Court made the following:
ORDER Learned High Court Government Pleader is directed to take notice for the respondent-State.
Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
2. The petitioner apprehends his arrest by the respondent-police in their Crime No.110/2017, registered in respect of the offence under Section 341, 324, 327, 448 read with Section 149 of IPC and Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act, 1989.
3. Learned counsel for the petitioner submits that the petitioner was assaulted by the complainant during the incident and on recording his statement in the ICU, the respondent-police have registered a case against the present complainant and others in their Crime No.109/2017. On coming to know of the said fact, the complainant, as a measure of counter blast, has filed the present complaint only to see that the petitioner is arrested and harassed. It is further submitted that, the petitioner has serious medical problems, hence intends to withdraw this petition and surrender before the concerned Court and move for regular bail and the present petition may be dismissed as withdrawn. Accordingly, the petition is dismissed as withdrawn.
If the petitioner serves advance copy of the bail application to the public prosecutor of the Court before which he surrenders and move for bail, his application shall be disposed of in accordance with law as expeditiously as possible.
In view of the dismissal of the main petition, IA No.1/2017 also stands disposed of.
KMV* Sd/- JUDGE