IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.2308/2017 BETWEEN VENKATA @ VENKATARAMA S/O VENKAIAH AGED ABOUT 33 YEARS R/AT NO.178, 2ND CROSS BYRAPPA GARDEN, RAMACHANDRAPURA JALAHALLI POST VIDYARANYAPURA BENGALURU – 560 097.
(BY SRI K.V. SHIVA REDDY, ADV.) AND STATE OF KARNATAKA BY VIDYARANYAPURA P.S., REPRESENTED BY S.P.P. HIGH COURT OF KARNATAKA BENGALURU – 560 001.
...PETITIONER ...RESPONDENT (BY SRI S. VISHWAMURTHY, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO. 34/2017 OF VIDYARANYAPURA POLICE STATION, BENGALURU FOR THE OFFENCES P/U/SS. 506, 504 AND 307 R/W 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The respondent-Police have registered a case against this petitioner (accused No.1) and two others in their Crime No.34/2017 dated 27.01.2017. During the pendency of the petition, charge sheet is filed in respect of the offences punishable under Sections 506, 323, 504, 307 read with Section 34 of IPC.
2. The allegation is over a trivial matter the accused persons abused CWs.1 and 3 filthily; with the intention of committing murder of CW1 this petitioner assaulted him with hallow brick laying over there.
3. Learned counsel for the petitioner submits that for the last four months petitioner is in custody and the injured has suffered simple injury during the incident.
4. Learned HCGP opposes the petition on the ground that petitioner is a habitual offender. In two other pending criminal cases he is arrayed as an accused on similar allegations and if he is enlarged on bail he will perpetuate atrocious conduct against the citizens of the locality.
5. Further, the learned counsel for the petitioner submits that the petitioner is a family person having children who are yet to be admitted to the school. Since, he was in judicial custody the children could not be admitted to the school. Further, the petitioner undertakes to abide by the conditions that may be imposed on him.
6. I have perused the charge sheet papers. The incident appears to be instantaneous, not premeditated. The investigation since complete, having regard to the fact that he is a person of known identity and address, there is no impediment to allow the petition. Hence, the following:
ORDER Petition is allowed. Petitioner is enlarged on bail in Crime No. 34/2017 registered by the respondent- police, on his executing self bond for a sum of Rs.50,000/- with one legal surety for the like sum.
The concerned Court shall peruse the original title deeds of the surety while releasing him on bail.
Petitioner shall mark his attendance on every alternate Tuesday before the S.H.O. of the respondent- police station till conclusion of the trial. He shall maintain himself law abiding citizen and shall not indulge in similar activities.
Sd/- JUDGE Sbs*