IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2017 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO CRIMINAL PETITION NO.450/2017 BETWEEN:
SRI RAMAKRISHNA, S/O. VENKTRAM REDDY, AGED ABOUT 30 YEARS, WEAVERS COLONY WARD NO.5, ANEKAL TOWN AND TALUK BENGALURU DISTRICT-562 106 … PETITIONER (BY SRI VENKATACHALAPATHI S.K., ADVOCATE) AND:
STATE OF KARNATAKA BY ITS STATION HOUSE OFFICER, ANEKAL POLICE ANEKAL TOWN BENGALURU DISTRICT-562 106 REPRESENTED BY STATE PUBLIC PROSECUTOR … RESPONDENT (BY SRI K. NAGESHWARAPPA, 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.9/2015 (C.C. NO.901/2016) OF ANEKAL P.S., BENGALURU DISTRICT FOR THE OFFENCES P/U/SS. 307, 324, 326 R/W. SECTION 34 OF IPC.
THIS PETITION COMING FOR ORDERS ON THIS DAY THE COURT MADE THE FOLLOWING:
ORDER The petitioner apprehending arrest in Crime No.9/2015, registered by the respondent-police in respect of offences punishable under Sections 307, 324 and 326 read with 34 of IPC, seeking anticipatory bail.
2. The learned III Additional District and Sessions Judge, Bengaluru Rural District sitting at Anekal in Crl.Misc.5702/2016, has rejected the prayer of petitioner for grant of anticipatory bail.
3. The substance of the prosecution is that on 04.01.2015 night at 8.00 p.m., within the limits at Anekal Police Station at Viewers Colony, Ward No.5 in front of house of the complainant, the petitioner along with accused No.1 attempted to murder the son of complainant and his friend.
4. Final report is filed for the offences punishable under Sections 324, 326 and 307 read with 34 of IPC. The injuries mentioned in the Wound Certificate are 3 to 4 cms depth lacerated wounds. As opined by the Medical Officer these wounds are simple injuries and it appears in the Wound Certificate.
5. Considering the Wound Certificate averments and that the accused No.1 is said to have been enlarged on bail. Hence, this petition is deserves to be allowed.
6. Accordingly, petition is allowed subject to the following conditions;
i) The petitioner in the event of his arrest in Cr.No.9/2015 by Anekal Police Station shall be released on bail, subject to he executing a personal bond for a sum of Rs.2,00,000/- with one surety for the likesum.
ii) The petitioner shall not terrorize the witnesses or tamper with the prosecution evidence.
iii) The petitioner shall not leave Karnataka border without informing the I.O for a period of six months from today.
Sd/- JUDGE SBS*