IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4703/2019 BETWEEN:
SRI KIRAN KUMAR T N @ KIRANA @ THALE S/O NAGARAJEGOWDA AGED ABOUT 26 YEARS R/AT No.29.17, 7th MAIN, 3RD CROSS, ETTAMADAGU MAIN THIMMARAYIGOWDA LAYOUT ETTAMADAGU, BANGALORE BANGALORE – 560 027.
(BY SRI MANU B S, ADVOCATE) AND:
STATE OF KARNATAKA BY BYATARAYANAPURA POLICE REP. BY SPECIAL PUBLIC PROSECUTOR HIGH COURT COMPLEX BANGALORE – 560 001.
...PETITIONER ... RESPONDENT (BY SRI K P YOGANNA, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.No.176/2019 OF BYATARAYANAPURA POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S. 341, 323, 307 R/W SECTION 34 OF IPC.
THIS CRL.P. COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard and perused the records.
2. The case of the prosecution is that on 12.05.2019 the complainant by name Shobha received a telephonic call from Rahul, introducing himself as a friend of her son told her that her son has been injured near Satellite Bus Stand and he has admitted the injured to Victoria hospital and asked her to come near the said hospital; she rushed to the hospital where her son disclosed that Shivakumar, a known person to him and his friend by name Kiran and two others surrounded him and out of them, Kiran assaulted him with knife causing bleeding injuries. Thereafter, he was admitted to the hospital by his friend Rahul. During the course of investigation, the police have recorded the statement of the injured; charge sheet has already been filed against the accused; the other accused persons have already been released on bail by the trial Court itself. The petitioner being accused No.1 is said to have assaulted the injured with the knife. Looking to the wound certificate available in the charge sheet, the injured has suffered simple injury measuring 2 cm x 2 mm on the surface present below the lower end of sternum.
3. Looking to the above said facts of the case and considering the nature of allegations made, as charge sheet has already been filed and other accused persons have already been released on bail, considering the injury is of simple in nature, this petitioner is also entitled to be enlarged on bail. Hence, I pass the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.176/2019 of Byatarayanapura Police Station registered against him for the offence punishable under Section 307, 341 r/w 34 IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.50,000/- 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 TL