Ningaiah vs State By Hassan Rural Police on 11 September, 2012

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Karnataka High Court

Ningaiah vs State By Hassan Rural Police on 11 September, 2012

Bench: H.N. Nagamohan Das

                          1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE

  DATED THIS THE 11TH DAY OF SEPTEMBER, 2012

                     BEFORE

 THE HON'BLE MR. JUSTICE H.N. NAGAMOHAN DAS

      CRIMINAL PETITION No.5436 OF 2012

BETWEEN

1. NINGAIAH,
   S/O HANUMAIAH,
   AGED ABOUT 55 YEARS

2. PUTTALAKSHMI,
   W/O NINGAIAH,
   AGED ABOUT 52 YEARS,

3. HEMANTHA,
   S/O NINGAIAH,
   AGED ABOUT 21 YEARS,

  ALL ARE R/O DODDABAGANAHALLI VILLAGE,
  HASSAN TALUK-573201
  HASSAN DISTRICT

                                      ...PETITIONERS

  (BY SRI.B.M.MOHAN KUMAR, ADV.,)

AND

STATE BY HASSAN RURAL POLICE,
HASSAN-573201,
REP BY SPP, HIGH COURT OF KARNATAKA
BANGALORE-560001.
                                      ...RESPONDENT

(BY SRI SREENIVASA REDDY, HCGP.,)
                          2


     THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON
BAIL   INT   EH   EVENT   OF    THEIR   ARREST   IN
CR.NO.227/2012 OF HASSAN RURAL P.S., HASSAN,
WHICH IS REGISTERED FOR THE OFENCE P/UNDER
SECTION 304 OF IPC.

     THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:

                      ORDER

On a complaint given by one Sri.Sannayya, the jurisdictional police registered a case in Crime No.227/2012 for the offence punishable under Section 304 IPC.

2. Petitioners are accused Nos.3, 4 and 5 in the complaint. There is no mention with regard to the role played by the petitioners in the complaint. The main allegation is only against accused No.2.

3. Having regard to the nature of crime and the non-mentioning of the name of petitioners in the complaint, I am of the considered opinion that they 3 are to be enlarged on bail. However, the petitioners are to be put on some strict terms.

4. For the reasons stated above, the following:

ORDER The petition is hereby allowed. The petitioners are enlarged on bail on the following conditions:-

i) In the event of arrest of petitioners by the respondent police, then they shall release them subject to they executing personal bond for a sum of Rs.25,000/-

(Rupees Twenty Five Thousand only) each to the satisfaction of the arresting authority.

ii) Whenever the Investigation Officer calls upon the petitioners, they shall keep present for completion of the investigation.

iii) The petitioners shall not in any manner tamper with the prosecution witnesses. 4 Violation of any one of the conditions above will result in cancellation of bail order. Ordered accordingly.

Sd/-

JUDGE GH

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Karnataka High Court