THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.9130/2017 BETWEEN:
Sri. Venkatesh, S/o. Marappa, Aged about 23 years, Residing at Chikkanahalli, Kasaba Hobli, Anekal Taluk, Bengaluru District -560 026. ...Petitioner (By Sri. S. Kalyan Basavaraj, Advocate) AND:
State of Karnataka, By Anekal Police, By its Station House Officer, Anekal Town, Bangalore Rural District. …Respondent (By Sri. K. Nageshwarappa, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Cr.No.143/2017 of Anekal Police Station, Bangalore for the offences P/U/S 504, 324, 307 and 506 r/w 149 of IPC.
This Criminal Petition coming on for order this day, the Court made the following:
ORDER This is a petition filed by the petitioner/accused No.2 under Section 439 of Cr.P.C. seeking release on bail for the alleged offences punishable under Sections 504, 324, 307, 506 read with 149 of IPC, registered by the respondent Police in crime No. 143/2017.
2. Heard the arguments of the learned counsel for the petitioner/accused No.2 and also the learned High Court Government Pleader for the respondent State.
3. I have perused the grounds urged in the bail petition, FIR, complaint and the other materials produced in the case. No doubt, as per the prosecution case, there are six injured persons in the case. They are CW1 to 6. I have perused the injury certificate of all six injured. The doctor who treated the injured has opined that the injuries sustained by all the six persons are simple in nature. Charge sheet is also filed for the offences committed by the petitioner.
4. It is contended by the advocate appearing for the petitioner that, till now the petitioner is in custody. He contended that the petitioner is falsely implicated and he is innocent and not involved in any criminal antecedents. He is ready to abide by any conditions that this Court would impose. Hence, by imposing reasonable conditions the petitioner may be granted bail.
5. The alleged offence under Section 307, IPC is though non-bailable in nature but not exclusively punishable with death or imprisonment for life. Hence, by imposing reasonable conditions petitioner/accused No.2 is admitted to bail.
Accordingly, the Criminal Petition is allowed. The petitioner-accused No.2 is ordered to be released on bail for the alleged offences, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.50,000/- and shall furnish one surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall appear before the concerned Court regularly.
Sd/- JUDGE BVK