IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.6544/2017 BETWEEN:
SRI PUNITH S/O SRI THAMMAIAH @ CHUDEGOWDA, AGED ABOUT 22 YEARS R/O DODDURU VILLAGE, MARALAVADI HOBLI, KANAKAPURA TALUK, RAMANAGARA-562116 ... PETITIONER (BY SRI K ABHINAV ANAND, ADVOCATE) AND:
STATE OF KARNATAKA BY S.H.O OF HAROHALLI POLICE STATION, RAMANAGARA DISTRICT, REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE-560001 ... RESPONDENT (BY SRI S. VISHWAMURTHY, HCGP) THIS CRIMINAL PETITION IS FILED U/S.438 OF CR.P.C PRAYING TO ENLARGE THE PETR. ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.318/2016 (C.C.NO.1061/2016) OF HAROHALLI P.S., RAMANAGARA DISTRICT 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:
O R D E R The petitioner apprehends arrest by the respondent police in Crime No.318/2016. The charge sheet is submitted to the Court in respect of the offences punishable under Section 307 read with Section 34 of IPC. The petitioner is shown as absconding.
2. The case of the prosecution is, in pursuance of their previous enmity against the victim, accused Nos.1 and 2 picked up quarrel and accused No.1 stabbed the victim with a knife and caused grievous injuries.
3. Learned counsel for the petitioner submits that the petitioner was not aware of the registration of the case. He was never called for investigation. After coming to know about the charge sheet, he moved the Sessions Court for anticipatory bail. The entire overtact is against accused No.1 only. Accused No.1 was arrested and the weapon used for commission was recovered at his instance.
4. Perused the charge sheet papers. Having regard to the submission, petition is allowed. Petitioner is granted anticipatory bail in Crime No.318/2016 for three weeks registered by the respondent - police, subject to following conditions:
(i) He shall surrender before the Court within above period and move for regular bail. Till the disposal of regular bail, this order will be in force.
(ii) In the event of his arrest by the respondent- Investigating Officer within above period in respect of above case, he shall be released on bail by executing a self bond for a sum of `50,000/- with one surety for the likesum.
Sd/- JUDGE MD