IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.7448/2017 BETWEEN:
Vijay Kumar S/o Venkoba Rao Aged about 27 years R/at Gandupalli Village V Kota – Post, Palamaneru Taluk Chitoor District Andhrapradesh-517 424. ... PETITIONER (By Sri Lokesh B, Adv.) AND:
The State of Karnataka By Byadarahalli Police Station Bangalore-560 091.
Represented by the State Public Prosecutor High Court of Karnataka Bangalore-560 001. ...RESPONDENT (By Sri Chetan Desai, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.441/2017 of Byadarahalli P.S., Ramanagara, for the offences P/U/Ss 143, 353, 332, 307 read with Section 149 of IPC.
This Criminal Petition coming on for orders this day, the Court made the following:
ORDER This petition is filed by the petitioner/accused No.5 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 143, 353, 332, 307 r/w Section 149 of IPC registered in respondent – police station Crime No.441/2017.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused No.5 and also the learned High Court Government Pleader appearing for the respondent-State.
3. Learned counsel for the petitioner during the course of his arguments submitted that so far as the petitioner is concerned, there is no prima facie material to show his involvement in committing the alleged offences. There is a false implication of the petitioner. Hence, by imposing reasonable conditions, petitioner may be released on bail.
4. Per contra, learned High Court Government Pleader during the course of his arguments submitted that petitioner was caught redhanded at the spot when he was involved in committing the alleged offences and there are five other cases registered against him. Investigation is still in progress. Hence, at this stage, he is not entitled for grant of bail.
5. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record.
6. In view of the submission of the learned High Court Government Pleader that the matter is still under investigation, without making any comments on the merits of the main case at this stage, petition is disposed of, with liberty to the petitioner to approach the concerned Court immediately after completion of investigation and filing of charge sheet.
Sd/- JUDGE bkp