IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.6983 OF 2018 BETWEEN:
SRI NAVEENA @ LAMBU S/O DODDAIAH AGED ABOUT 22 YEARS R/AT NO.455, 1ST CROSS 2ND MAIN, 3RD STAGE, 4TH PHASE BASAVESHWARANAGAR BANGALORE – 560 079 ...PETITIONER (BY SRI N.SRINIVAS, ADV.) AND STATE OF KARNATAKA BY S.P.P., HIGH COURT OF KARNATAKA BANGALORE – 560 001 BY BASAVESHWARANAGAR POLICE STATION BANGALORE – 560 079 ...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 CR.NO.198/2018 OF BASAVESHWARANAGARA POLICE STATION, BENGALURU FOR THE OFFENCES P/U/S 363, 307, 341, 504, 506, 143, 147, 148 AND 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is accused No.2 in Crime No.198/2018 of Basaveshwara Nagar Police Station. The said case is registered against the petitioner and seven others for the offences punishable under Sections 363, 307, 341, 504, 506, 143, 147, 148 read with Section 149 of Indian Penal Code.
2. It is alleged that on 13.06.2018 at 1.30 p.m., the accused picked up quarrel with the complainant for petty reasons and kidnapped him from Nishu Tiffin Centre, Basaveshwara Nagar, assaulted him with rods and criminally intimidated him. It is further alleged that again during the same day at 9.30 p.m., accused assaulted the complainant with deadly weapons, when himself and C.Ws. 2 to 4 were proceeding near Savitri condiments, Kamalanagara.
3. As per wound certificate the victim has suffered two simple injuries, one on his forehead and other on his left hand. It is submitted that incriminating materials are already seized under spot mahazar.
4. This Court in Crl.P.Nos.6471/2018 and 6293/2018 has granted anticipatory bail to accused Nos.7 & 8. As per the wound certificate, victim was brought to the hospital on 12.06.2018 at 11.30 p.m., with the history of assault on the same day at 9.30 p.m. Under these circumstances, it is a fit case to grant anticipatory bail with suitable conditions. Therefore, the petition is allowed.
The petitioner is granted anticipatory bail in Crime No.198/2018 of Basaveshwara Nagar Police Station, subject to the following conditions:
1. Petitioner shall appear before the Investigating Officer within 10 days from the date of receipt of copy of this order;
2. He 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/Court for his appearance;
3. He shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/ enquiry/trial;
4. He shall not tamper the prosecution witnesses by threats, inducement or otherwise.
5. He shall mark his attendance before the Investigating Officer on every Sunday till the investigation is completed.
Sd/- JUDGE HR