IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2017 :BEFORE:
THE HON'BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.7302/2017 BETWEEN:
KADURAPPA, S/O NARASIMHAPPA, AGE:41 YEARS, AGRICULTURIST, R/O NAGATHIHALLI, HOSADURGA TALUK, CHITRADURGA DISTRICT 577301.
…PETITIONER (BY SMT MANJULADEVI R KAMADOLLI, ADVOCATE ) AND:
STATE OF KARNATAKA, BY HOSADURGA POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – 560 001.
(BY SRI S.VISHWA MURTHY, HCGP) ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.157/2017 (C.C.NO.508/2017) OF HOSADURGA P.S., CHITRADURGA DISTRICT FOR THE OFFENCE P/U/S 307 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for the petitioner and learned High Court government Pleader for the respondent.
2. The petitioner is charge sheeted by the respondent-police for the offence punishable under Section 307 of IPC.
3. The allegation of the prosecution is, during the intervening night of 08.05.2017 and 09.05.2017, the petitioner pelted a stone on the face of the victim while he was sleeping in the open air. Consequent upon the injury suffered during the incident, the tooth of the victim was cut and he suffered multiple craniofacial injuries.
4. CW.1 who saw the injured shouting, came outside and saw the complainant at the spot. The victim after treatment for a while is discharged from the hospital.
5. Learned counsel for the petitioner submits that as of now, no criminal case is pending against this petitioner and he is ready to abide by any condition to be imposed on him.
6. Having regard to the circumstances, the petition is allowed. The petitioner is enlarged on bail, subject to following conditions:
i) Petitioner shall execute a self bond for a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the concerned Court.
ii) Petitioner shall attend the Court regularly on all hearing dates.
iii) Petitioner shall not threaten or terrorize the prosecution witnesses.
Sd/- JUDGE VM