Karnataka High Court
Bharath Kumar M Y vs State Of Karnataka on 6 June, 2022
Author: H.P. Sandesh
Bench: H.P. Sandesh
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.4292/2022
BETWEEN:
BHARATH KUMAR M.Y.,
S/O YALLAPA,
AGED 26 YEARS,
R/AT 55, 14/2, NAGANATHAPURA,
ANEKAL TALUK,
BANGALORE - 560 100. ...PETITIONER
(BY SRI MOHAN KUMAR D., ADVOCATE FOR
SRI ARVIND N, ADVOCATE)
AND:
STATE OF KARNATAKA,
BY HEBBAGODI POLICE STATION,
REP BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT COMPLEX,
BENGALURU - 560 001. ...RESPONDENT
(BY SRI MAHESH SHETTY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.85/2022 OF HEBBAGODI P.S., BANGALORE DISTRICT
FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 143, 149,
307 AND 341 OF IPC ON THE FILE OF THE II ADDL. CIVIL JUDGE
AND JMFC, ANEKAL AND AGAINST THE ORDER OF LEARNED III
ADDL. DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL
DISTRICT, BANGALORE SIT AT ANEKAL IN
CRL.MISC.NO.5152/2022.
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THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.85/2022 of Hebbagodi Police Station, Bangalore District, for the offence punishable under Sections 143, 149, 307 and 341 of IPC.
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The factual matrix of the case of the prosecution is that on 27.03.2022 in Hushkuru jatra festival, an incident was taken place and this petitioner and other accused persons in connection with dance programme inflicted injury with dagger on the complainant and hence case has been registered against the accused persons.
4. The learned counsel for the petitioner submits that the allegation is against accused No.3 that he inflicted injury with dagger and accused No.1 was having motive against the victim and there are no overt-act allegation against this 3 petitioner, who has been arraigned as accused No.4 and nature of injuries are simple in nature and hence, he may be enlarged on bail.
5. Per contra, the learned High Court Government Pleader appearing for the respondent-State submits that the petitioner inflicted injury with dagger and though the injuries are simple injury, with an intention to take away the life, injury was inflicted.
6. Having heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State and also on perusal of the material available on record and the circumstances under which the incident was taken place, that too in a festival and also considering the nature of injuries, which are simple in nature, it is a fit case to exercise discretion in favour of the petitioner to enlarge him on bail.
7. In view of the discussions made above, I pass the following:
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ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.85/2022 of Hebbagodi Police Station, Bangalore District, for the offence punishable under Sections 143, 149, 307 and 341 of IPC, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against him is disposed of.
Sd/-
JUDGE MD