IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.1624 OF 2017 BETWEEN:
Sri Kumar @ Lodde, S/o Basavaraj, Aged about 23 years, R/o Pipeline Road, Near Bike Garrage, Thathaguni, Bengaluru South, Bengaluru-560062. …PETITIONER (By Sri.V.Bharath Kumar, Adv.) AND:
State of Karnataka, Through Station House Officer, Thalaghattapura Police Station, Bengaluru-560062.
Represented by The State Public Prosecutor, Hon’ble High Court of Karnataka, Bengaluru-560001. ...RESPONDENT (By Sri.S.Vishwamurthy, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.401/2016 of Thalaghattapura Police Station, Bengaluru city, for the offence p/u/ss.323, 307, 504, 506 r/w Section 34 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent- State.
2. The respondent-police have registered a case against unknown culprits in their FIR No.401/2016 dated 28/11/2016 in respect of the offences punishable under Sections 323, 307, 504, 506 r/w Section 34 of IPC. During the course of investigation, this petitioner was arrayed as accused No.12. Now the charge sheet is filed.
3. The allegation is, over a petty matter the accused picked up quarrel with C.Ws.1 to 7, made hue and cry. Accused No.6 started swinging a long recklessly; while he was at attempt assaulting C.W.1, since C.W.1 attempted to ward off the assault, suffered injury to his hand. He assaulted on the left thigh of the victim with the long and caused bleeding injury. The investigation since complete, having regard to the nature of the allegation, there is no impediment to allow the petition.
4. Accordingly, petition is allowed. Petitioner is enlarged on bail in Crime No.401/2016 registered by the respondent- police, subject to the following conditions:
(i) He shall execute a self bond for Rs.1,00,000/- with one local surety for the likesum to the satisfaction of the concerned Court.
(ii) He shall attend the Court regularly on all the hearing dates.
(iii) He shall not threaten the prosecution witnesses.
bkp Sd/- JUDGE