IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.4555/2019 BETWEEN:
SRI.MANJUNATHA.H S/O.GOVINDAPPA AGED ABOUT 26 YEARS R/AT.NO.294, 8TH ‘B’ ROAD JAKKUR LAYOUT BANGALORE – 64.
(BY SRI K.N.NARAYANSWAMY, ADV.,) AND:
THE STATE OF KARNATAKA AMRUTHALLI POLICE STATION REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001.
(BY SRI HONNAPPA, HCGP) ... 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.212/2018 OF AMRUTHALLY POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 341, 323, 326, 504 AND 506 R/W.SEC.149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioner and learned HCGP for the respondent – State. Perused the records.
2. Petitioner is arraigned as accused No.4 in Crime No.212/2018 on the file of the Amruthahally Police Station for the offences punishable under Sections 341, 323, 326, 504 and 506 read with Section 149 of IPC.
3. On careful reading of the first information report, it discloses that on 21.12.2018 at about 12.20 a.m. when the complainant by name- Durgasai Varaprasad was standing near G.K.V.K. signal on Jakkur double road, at that time three persons came to the spot in Activa Honda scooter and assaulted the complainant. Immediately, he called his father and informed the same to his father about the incident. At about 12.40 a.m., again the same three persons came along with one Mr.Samuel. Thereafter, the said Samuel abused the complainant as bastard and also caught hold of him and assaulted the complainant with beer bottles. It is also stated that some other persons were also present, they also assaulted the injured with their hands and kicked him with legs. The said Samuel infact assaulted the complainant with knife on the back of the injured.
4. Looking to the above said materials on record, on enquiry, the learned HCGP submitted that no further statement of the complainant was recorded, the name of this petitioner has not been mentioned in the FIR and even in the subsequent statement there is no implication of the petitioner. Accused Nos.1 and 3 had moved the committal Court for grant of bail and they were granted with bail vide order dated 07.02.2019.
5. Looking to the above facts and circumstances of the case, as the name of the petitioner is not there in the FIR and further no allegations have been made, in my opinion, petitioner is entitled to be enlarged on bail. Hence, the following:-
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.212/2018 of Amruthahally Police Station, on following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and he shall execute personal bond for a sum of Rs.50,000/- with one surety for the like- sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of Bengaluru District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
Sd/- JUDGE VMB