IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K N PHANEENDRA CRIMINAL PETITION NO.8227 OF 2019 BETWEEN:
SRI NIKHIL D, S/O DIWAKAR, AGED ABOUT 20 YEARS, RESIDING AT NO.21, 1ST CROSS, NEAR GOVERNMENT SCHOOL, GUNDAPPA BUIDLING, KODICHIKKANAHALLI, BANGALORE-560068.
PERMANENT R/AT:
BEVINAHALLI VILLAGE, BANAVARA HOBLI, ARASIKERE TALUK, HASSAN DISTRICT-573112 ...PETITIONER (BY SRI HARISH KUMAR M C, ADVOCATE) AND:
STATE BY PARAPPANA AGRAHARA POLICE BANGALORE URBAN DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARANTAKA, BANGALORE-560001. …RESPONDENT (BY SRI HONNAPPA, HCGP) **** THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.351/2019 OF PARAPPANA AGRAHARA POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 307 OF IPC AND ETC., THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and learned HCGP for the respondent-State. Perused the records.
2. The petitioner is the sole accused In Crime No.351/2019 of Parappana Agrahara Police Station, Bengaluru, for the offence punishable under Section 307 of IPC.
3. Brief facts of the case are that the complainant by name Aravinda Reddy, has given a statement in the hospital stating that he is working as delivery boy in Rebel Food Company from last four months. About ten days before he was transferred to AEIS Layout Branch of the said Company. On 07.11.2019 at about 6 p.m. when he was in the company, accused - petitioner came there and he questioned that why the complainant has turned the food delivery bag belonging to the petitioner. Inspite of the complainant saying that he did not know anything, the petitioner with the grievance against the complainant when he came out from the said company went from backside and assaulted on the neck of the deceased and caused injuries and also threatened to assault on the stomach of the complainant. He escaped from the said place and thereafter admitted to hospital on 8.11.2019, but on the next day itself he was discharged from the hospital. The accused petitioner was arrested on 12.11.2019 and after interrogation the accused has been sent to judicial custody. It indicates that he is no more required for any further investigation. It is seen that the accused and the petitioner were working with each other and due to some quarrel the incident has happened and only one injury has been sustained by the complainant. He is treated and discharged from the hospital long back and there is no life threat. Under the above said circumstances, the intention of the petitioner that he has intended to kill the complainant has to be established during the course of full dressed trial.
4. Under the above said circumstances, considering the nature of allegations and facts and circumstances of the case and as there is no previous bad antecedents against the petitioner, the 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 connection with Crime.No.351/2019 of Parappana Agrahara Police Station, Bengaluru City for the alleged offences, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) 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 the 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.
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