Karnataka High Court
Sri Mallesh S/O Mallaiah vs State By Hassan Extension Police on 2 November, 2011
LN THE HIGH COURT OF KARNATAKA, BAN GALORE DATED THIS THE 02°¢ DAY OF NOVEMBER 2011+. > BEFORE - THE HON'BLE MR. J USTICE H. BILLAPPA - CRIMINAL PETITION No.5824/261 co BETWEEN: ori.Mallesh, S/o.Mallaiah, Aged about 74 vears, R/o.Samudravalli Village, Kasaba Hobli, ae Hassan Taluk & District- S78 201, Petitioner (By SriAnanda.K.J. for M /S. Law Ine Adv. AND: State by Hassan Extension Polic a. Represented by State Pub aie Pre osecutor, High Court Building, 9. Le Bangalore -- 260 OGL ...Respondent (E By Sti, P. Kantnakar. HOGP) | | : : | Be oe oe oe This Criminal Petition is Aled under Sec.488 Cr.P.c., by 'the ad voc ate for the petitioner praying that this Hon'ble Court . - may: be. rleaset 4 to enlarge the petitioner on bail in the event af "his arrest in Cr.No.327/10 (SpLC.No.35/11) of Hassan | | extension P.S., Hassan, for the offences P/U/S.341, 324, 326, . : 307,506 of IPC and Sec. 3f1}(8) of SC and ST (POA) Act, 1980, i . | ho This Criminal petition coming on for orders this day, the Court made the following:- : ORDER
Cr.P.C., praying for grant of anticipatory bail,
2. it is stated in the petitiorr, the petitioner is innocent of the offences alleged against him. and he has been falsely implicated in the case. T he. petitioner is ready to abide by all conditions that may be imposed. Therefore, the petitioner has prayed for grant of antivipatory bail. .
3. itis alleged, that on 22. 12.2010, al about 8.00 p.m., when the complainant owas going to Hotel near Gangotri for taking meals, the ; petitioner . came there and abused the complainant 'aking his "caste name and assaulted the compiainant with the chopper and threatened the complainant to kill him. A: case in Cr.No.327/2010 of Hassan Extention "Police Station Has been registered for the offences punishable
- tinder sections 324, 506 of IPC and section 3 (1)(X) and EXD) of Phe petitioner has filed this petition u nder-séetion 438 of.
the SC & ST (POA) Act. 1989. After investigation chargesheet has been filed.
4. The learned counsel for the petitioner contended.
ihat the petitioner is innocent of the Offences allegec | against him and he has been falsely implicated in the Case: and the petitioner is ready to abide by al? conditions thet may be imposed and therefore, the pétitionér can "be granted anticipatory bail.
3. AS against this, the "learned | Government Ple: ader submitted that after: ny vives zation charges , sheet has been filed for the offences puntstiat de "under 'Section 341, 324, 326, 307, 506 of IPC and Section Sf 1 sexy or sey or P (POA) Act and the petitioner was Hol a fallable foi investigation and therefore, the petitioner catinot be granted anticipatory bail.
6. y have € avefully considered the submissions made by the learned cou insel for the parties.
7.) The point that arises for my consideration is,
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Beri Nea Whether the petitioner can be granted anticipatory bail?
8. itis relevant to note, that on 22.12.2010. at about &.00 p.m.. when the complainant was going 'o hotet near Gangotri for taking meals, the petitions oFeame t here . e and abused the complainant 1 taking his caste nam and "assaulted the complainant with the cnopper and d-thireatened . to Kall hiry After investigation chargesheet has been file d for 'the offences punishable under sections 84, . oe, 326, 407and 506 of IPC and section 3(1)(X S) SC & ST 08) 'Act. 1989. The incident has occurred on' 22. 42. 2010: Tie complaint has been lodged on 23. 12.2020. -- 'Aller ilvos stigation chargesheet has been file The petitioner. was, rot t availabe 'Tor investigation. Apart from this, chargesheet has been 'flea for the offence punishable unider sec tort: 210200 of Sc & ST (POA) Act, 1989. Therefore, the pet lone: c annot be granted anticipatory bail.
9. "Accordingly, the bail petition is rejected.
Cl, fe San yy FUDGE