IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.8845/2017 BETWEEN:
SRI.PRAVEEN S/O.CHANDRAPPA AGED ABOUT 21 YEARS R/A.KATTUGOLLAHALLI BIDARAHALLI HOBLI BANGALURU EAST TALUK PIN 560 007 ... PETITIONER (By Sri.GIREESHA J.T. - Adv.) AND:
STATE BY AVALAHALLI P.S. BANGALURU EAST TALUK 560 007 REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE - 560 001. ...RESPONDENT (By Sri CHETAN DESAI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.318/2017 OF AVALAHALLY P.S., BENGALURU, FOR THE OFFENCE P/U/S 307 R/W.34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. seeking his release on bail for the offence punishable under Section 307 R/W.34 of IPC registered in respondent – police station Crime No.318/2017.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused No.1 and also the learned High Court Government Pleader appearing for the respondent-State.
3. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record. During the course of hearing the petition it is brought to the notice of the Court that Accused No.2 has already been granted bail by the order of the learned Sessions Judge.
4. Counsel appearing on both sides made the submission that the injured has already been discharged from the hospital. Therefore, at this stage it goes to show that the life of the injured is safe and out of danger.
5. The petitioner contended that he is innocent and not committed the alleged offence and that he has been falsely implicated in the case. Further, he has undertaken to abide by any conditions to be imposed by this Court. The alleged offence under Section 307 of IPC, though non bailable in nature, is not exclusively punishable with death or imprisonment for life. Hence, I am of the opinion that the petitioner can be granted with bail.
6. Accordingly, petition is allowed.
Petitioner/accused No.1 is ordered to be released on bail for the offence punishable under Section 307 R/W.34 of IPC registered in respondent – police station Crime No.318/2017, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.50,000/- and furnish one surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall appear before the concerned Court regularly.
Sd/- JUDGE rs