Somashekar @ Soma vs The State Of Karnataka on 22 November, 2017

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Karnataka High Court

Somashekar @ Soma vs The State Of Karnataka on 22 November, 2017

Bench: R.B Budihal

                             1


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 22ND DAY OF NOVEMBER 2017

                           BEFORE

       THE HON'BLE MR. JUSTICE BUDIHAL R.B.

           CRIMINAL PETITION No.8218/2017

BETWEEN:

Somashekar @ Soma
S/o Kamegowda
Aged about 28 years
R/at No.27, F1 Block
Slum Quarters
Kasavanahalli Main Road
Bengaluru-560 068.                          .. PETITIONER

(By Sri Mylarappa, Adv.)

AND:

The State of Karnataka
By Bellanduru Police
Bengaluru
Represented by the
State Public Prosecutor
High Court Complex
Bengaluru-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.179/2017 of Bellanduru P.S., for the offences
punishable under Sections 341, 143, 147, 148, 504, 323,
324, 326, 307 read with Section 149 of IPC.
                             2


      This petition coming on for Orders this day, the
Court made the following :


                         ORDER

This petition is filed by the petitioner-accused No.1 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 341, 504, 143, 147, 148, 307, 323, 324, 326 read with Section 149 of IPC registered in respondent Police Station Crime No.179/2017, now pending in C.C. No.25359/2017 on the file of 6th ACMM, Bengaluru.

2. I have heard the learned Counsel appearing for the petitioner-accused No.1 and the learned High Court Government Pleader appearing for the respondent-State.

3. Learned Counsel for the petitioner as well as the learned HCGP appearing for the respondent, during the course of hearing of the petition, made submission that the injured has already been discharged from the hospital and the injuries mentioned are simple in nature. 3 Therefore, this goes to show that, at this stage, the life of the injured is safe and he is out of danger. Though the offence under Section 307 of IPC is bailable offence, but it is not exclusively punishable with death or imprisonment for life. The petitioner has contended that he is innocent and he has been falsely implicated in the case and he has not at all committed the alleged offence. He has undertaken that he is ready to abide by any condition that may be imposed by this Court.

4. Therefore, petition is allowed. Petitioner-accused No.1 is ordered to be released on bail for the offences punishable under Sections 341, 504, 143, 147, 148, 307, 323, 324, 326 read with Section 149 of IPC registered in respondent Police Station Crime No.179/2017, now pending in C.C. No.25359/2017 on the file of 6th ACMM, Bengaluru, subject to the following conditions:

i. Petitioner shall execute a personal bond for the sum of Rs.50,000/- and furnish one surety for the likesum to the satisfaction of the concerned Court.

ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.

iii. Petitioner shall appear before the concerned Court regularly.

Sd/-

JUDGE Cs/-

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