IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE K.NATARAJAN CRIMINAL PETITION No.2520 OF 2019 BETWEEN:
SRI. M.MURALI, S/O MUNIYAPPA, AGED ABOUT 22 YEARS, R/AT NO.72, 2ND CROSS, AK COLONY, VEERANNA PALYA, ARABIC COLLEGE, BANGALORE NORTH, BANGALORE – 560 045.
(BY SRI. VINOD PRASAD, ADV.) AND:
STATE BY K.G.HALLI POLICE, BANGALORE.
REPRESENTED BY SPP, HIGH COURT BUILDING, BANGALORE – 01.
(BY SRI.I.S.PRAMOD CHANDRA, SPP-II) ...PETITIONER ... RESPONDENT 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 CR.NO.27/2019 OF KADUDONDANA HALLI P.S., BANGALORE FOR THE OFFENCE P/U/S 143, 147, 307 R/W 149 OF IPC AND SEC.3, 25 OF ARMS ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER This petition has been filed by the petitioner - accused No.10 under Section 438 of Cr.P.C. praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.27/2019 of Kadugondana Halli Police Station, Bengaluru City for the offences punishable under Sections 143, 147, 307, 149 of IPC and Sections 3 and 25 of the Indian Arms Act.
2. The allegation against the petitioner is that this petitioner along with other accused said to be made unlawful assembly and they attempted to commit murder of Sri.Rahul. On 17.01.2019 at 11.30 pm., they assaulted him with deadly weapon. After shifting the injured to the hospital, police have registered a case. Some of the accused persons were arrested. They have been granted bail by the Sessions Court and the police are making hectic efforts to trace the present petitioner.
3. Counsel for the petitioner contended that there is no specific overt-act made out against the petitioner. There is nothing to recover from him. He is ready to abide by any conditions imposed by this Court. The other accused persons who are standing on the same footing have already been granted bail. Hence, he prays for granting the bail.
4. Learned SPP –II objected the bail application and he submits that the investigation is still pending and the petitioner is required for custodial interrogation. Hence, he prays for dismissal of the petition.
5. After hearing and upon perusal of the case, it is seen that the petitioner’s name is shown as accused No.10. The other accused who were standing on the same footing have already been granted bail by the Sessions Court and a copy of the same is produced before this Court. The allegation against the petitioner is on par with that of the other accused persons who were already granted bail by the Sessions Court. There is nothing to recover from this petitioner. The injured is already discharged from the hospital on 21.01.2019 itself and he is out of danger. Therefore, considering the facts and circumstances of the case, the bail is granted to the petitioner. Hence, I pass the following:
ORDER The Criminal Petition is allowed.
The respondent – Police are directed to release the petitioner/accused No.10 on bail in the event of his arrest for the offences punishable under Sections 143, 147, 307, 149 of IPC and Sections 3 and 25 of the Indian Arms Act, subject to the following conditions:
(i) Petitioner-accused No.10 shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with a surety for the likesum to the satisfaction of the Investigating Officer or the concerned trial Court;
(ii) Petitioner shall not directly or indirectly tamper with any of the prosecution witnesses;
(iii) Petitioner shall not indulge in similar offences strictly;
(iv) Petitioner shall appear before the Investigating Officer between 10.00 a.m. and 5.00 p.m. on every Monday of the calendar month for a period of three months or till the filing of charge sheet whichever is earlier.
Sd/- JUDGE GH