Yogesh Kumar @ Dumsi vs State Of Karnataka on 16 August, 2017

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Karnataka High Court

Yogesh Kumar @ Dumsi vs State Of Karnataka on 16 August, 2017

Bench: Rathnakala

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
    DATED THIS THE 16TH DAY OF AUGUST, 2017
                         BEFORE
       THE HON'BLE MRS. JUSTICE RATHNAKALA
        CRIMINAL PETITION NO.6612 OF 2017


BETWEEN:
Yogesh Kumar @ Dumsi,
S/o. Gangaiah,
Aged about 23 years,
R/at. No.40, 5th Cross,
1st Main, Vrushabavathinagara,
Kamakshipalya,
Bengaluru -560 079.                        ...Petitioner

(By Smt. Harini B.R. for Sri. Harish Kumar R.S.,
Advocate)

AND:

State of Karnataka,
Represented by
Thavarekere Police Station,
Ramanagara -562130.                      ...Respondent


       This Criminal Petition is filed under Section 438 of
Cr.P.C. praying to enlarge the petitioner on bail in the
event of his     arrest in    Crime No.362/2016 (C.C.
No.27/2017) of Tavarekere Police Station, Ramanagara
District which is registered for the offence p/u/s 143,
147, 148, 120B, 302 r/w 149 of IPC.
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       This Criminal Petition is coming on for orders this
day, the Court made the following:

                           ORDER

Heard the learned counsel for the petitioner.

2. Petitioner along with the co-accused is charge sheeted by the respondent police in their crime No.362/2016 in respect of the offence punishable under Sections 143, 147, 148, 120B, 302 read with 34 of IPC.

3. The allegation is, in pursuance of the enmity between the first accused and the deceased, the accused persons conspired to do away with the life of the deceased-Naveen Kumar. On receiving the information about the movements of the deceased, accused Nos.9 to 11 and accused Nos.1 to 8 went to the playground, where the deceased was playing volleyball. They assaulted him with lethal weapons and disappeared. The victim was admitted to the hospital and died while on treatment.

4. Specific role attributed to this petitioner is, he inflicted blows on the deceased while the co-accused has assaulted him with lethal weapons. Similarly placed accused-6 is enlarged on bail by the order of this Court in Crl. P. No. 3045/2017.

Investigation since complete, the petition is allowed. Petitioner is enlarged on bail in crime No.362/2016 registered by the respondent -police, subject to the following conditions.

1. He shall execute a self bond for a sum of Rs.2,00,000/- with one local surety for the likesum to the satisfaction of the concerned court.

2. The surety shall furnish his identity card/Aadhaar card and original title deed pertaining to his immovable property for the perusal of the Court and the surety shall not have previous history of standing surety to accused in any other criminal case. 4

3. He shall attend the Court regularly on all the hearing dates.

4. He shall not terrorize/prevail upon the prosecution witnesses.

5. He shall not leave the jurisdiction of the Sessions Court till the conclusion of the trial.

Sd/-

JUDGE BVK

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