IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8644 OF 2018 C/W CRIMINAL PETITION NO.8335 OF 2018, CRIMINAL PETITION NO.8336 OF 2018 IN CRL.P.NO.8644/2018 BETWEEN:
1. SRI K.N.NAGESH S/O NANJAREDDY AGED ABOUT 38 YEARS 2. SRI NANJAREDDY S/O MUNISWAMY REDDY AGED ABOUT 62 YEARS BOTH ARE R/AT V.KALLAHALLI VILLAGE SARJAPURA HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT – 562 125 ...PETITIONERS (BY SRI R.V.SHIVANANDA REDDY, ADV.) AND STATE OF KARNATAKA BY SARJAPURA POLICE BENGALURU REPTD. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 ...RESPONDENT (BY SMT. NAMITHA MAHESH B.G., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.230/2018 OF SARJAPURA POLICE STATION, BANGALORE CITY FOR THE OFFENCE P/U/S 114, 307, 506 R/W 34 OF IPC.
IN CRL.P.NO.8335/2018 BETWEEN:
SRI RAMAKRISHNA REDDY S/O CHOWDA REDDY AGED ABOUT 68 YEARS R/AT V.KALLAHALLI, SARJAPURA HOBLI ANEKAL TALUK, BANGALORE DISTRICT – 562 106 ...PETITIONER (BY SRI B.S.PRASAD, ADV.) AND THE STATE BY SARJAPURA POLICE ANEKAL TALUK, BANGALORE DISTRICT REP. BY S.P.P., HIGH COURT BUILDING HIGH COURT OF KARNATAKA BENGALURU – 560 001 ...RESPONDENT (BY SMT. NAMITHA MAHESH B.G., 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.230/2018 REGISTERED BY SARJAPURA P.S., BANGALORE DISTRICT FOR THE OFFENCE P/U/S 114, 307 AND 506 R/W 34 OF IPC.
IN CRL.P.NO.8336/2018 BETWEEN:
SMT.SUJATHA W/O RAMAKRISHNA REDDY AGED ABOUT 56 YEARS R/AT V.KALLAHALLI SARJAPURA HOBLI, ANEKAL TALUK BANGALORE DISTRICT – 562 106 ...PETITIONER (BY SRI B.S.PRASAD, ADV.) AND THE STATE BY SARJAPURA POLICE ANEKAL TALUK, BANGALORE DISTRICT REP. BY S.P.P., HIGH COURT BUILDING HIGH COURT OF KARNATAKA BENGALURU – 560 001 ...RESPONDENT (BY SMT. NAMITHA MAHESH B.G., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HER ARREST IN CRIME NO.230/2018 OF SARJAPURA P.S., BANGALORE DISTRICT FOR THE OFFENCE P/U/S 506, 307, 114 R/W 34 OF IPC.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners are accused Nos.2 to 5 in Crime No.230/2018 of Sarjapura Police Station. Initially the said case was registered only against accused Nos.1 to 4. In the remand application, the petitioner in Crl.P.No.8335/2018 is arrayed as 5th accused.
2. Case of prosecution in brief is as follows:
On 13.10.2018 at 3.30 p.m., in land bearing Sy.No.124/13, accused Nos.1 and 2 picked up quarrel with complainant and his son Nagesh regarding property rights. Accused Nos.2 to 4 abetted accused No.1 to assault Nagesh and accused No.1 assaulted victim Nagesh with chopper on his head and shoulder and attempted to commit his murder.
3. Nagesh suffered grievous injuries and he was treated in Columbia Asia Hospital from 13.10.2018 till 14.11.2018. Accused No.5 is the wife of accused No.2 and they are the parents of the first accused. The allegations of actual assault are only against the first accused. He is arrested and incriminating materials are allegedly recovered at his instance. Accused Nos.2 and 4 are above 60 years age and accused No.5 was not present at the scene of offence even at the time of alleged offence.
4. Under these circumstances, these are the fit cases to grant bail with stringent conditions. Therefore, the petitions are allowed.
The petitioners are granted anticipatory bail in Crime No.230/2018 of Sarjapura Police Station. If they are arrested in the said case, they shall be released on bail subject to the following conditions:
1. Petitioners shall appear before the Investigating Officer within 10 days from the date of receipt of copy of this order;
2. They shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the like-sum to the satisfaction of the Investigating Officer for their appearance;
3. They shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial;
4. They shall not tamper the prosecution witnesses by threats, inducement or otherwise;
5. Except for the purpose of investigation, they shall not visit the scene of offence till the charge sheet is filed.
Sd/- JUDGE KNM/-