Shankara @ Nalla vs The State Of Karnataka on 31 July, 2017

[Cites 5, Cited by 2]

Karnataka High Court

Shankara @ Nalla vs The State Of Karnataka on 31 July, 2017

Bench: Rathnakala

                              1


      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 31ST DAY OF JULY, 2017

                           BEFORE

          THE HON' BLE MRS JUSTICE RATHNAKALA

           CRIMINAL PETITION NO.3100 OF 2017

BETWEEN

SHANKARA @ NALLA
S/O LATE MUNIYAPPA
AGED ABOUT 23 YEARS
R/AT NO.11
NEAR MARIYAMMA TEMPLE
CHINNAYYANAPALYA
SAKALAVARA POST
GIGANI HOBLI
ANEKAL TQ - 562 106
(BENGALURU RURAL DISTRICT)                 ... PETITIONER

(BY SRI NATARAJ G, ADV.)

AND

THE STATE OF KARNATAKA
BY ELECTRONIC POLICE STATION
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU - 01                           ... RESPONDENT

(BY SRI CHETAN DESAI, HCGP)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.07/2017 OF ELECTRONIC CITY POLICE STATION,
BANGALORE FOR THE OFFENCE P/U/S 392 OF IPC.
                                 2


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

                           ORDER

Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent.

2. The petitioner (accused No.3) along with the co-accused is charge sheeted for the offences punishable under Sections 395, 365, 435 and 201 of IPC. The bail application of the petitioner filed before the Sessions Court is rejected by the order dated 22.02.2017. However, after the presentation of the petition before this Court, charge sheet is put up before the Chief Judicial Magistrate, Bangalore.

3. The allegation is, accused Nos.1 to 6 threatened the complainant, who was resting on road side in his lorry, assaulted him, snatched his valuables, pushed him to a Maruthi Car after taking him for some distance, released him near Attibele Check Post. Accused Nos.1, 2, 3 and 6 had taken over his lorry, unloaded the sand in the lorry near 3 Hommadevanahalli, Kanakapura Town and erased the registration number and painted the registration plate. They also destroyed the original DL and ATM Card of the complainant.

4. The petitioner was identified by the complainant during the identification parade conducted by the respondent-Police Station. During the course of investigation, the lorry abandoned by the accused on the road was seized. The prosecution has not shown any criminal antecedents of the petitioner.

5. Having regard to the nature of the allegations, since investigation is complete, there is no impediment to allow the petition. Accordingly, the petition is allowed. The petitioner is enlarged on bail, subject to the following conditions:

(i) He shall execute a self bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with one surety for the likesum to the satisfaction of the concerned Court.

ii) He shall attend the Court regularly on all hearing dates and mark his attendance before the Station House Officer of the respondent-

Police Station during office hours on every Friday till conclusion of trial.

Sd/-

JUDGE ST

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