Karnataka High Court
Vasantha vs The State Of Karnataka on 29 September, 2016
Author: Rathnakala
Bench: Rathnakala
CRL.P 4995/2016
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF SEPTEMBER, 2016
BEFORE
THE HON'BLE MRS.JUSTICE RATHNAKALA
CRL.P.No.4995/2016
BETWEEN:
Vasantha,
S/o Rangaswamy,
Aged about 38 years,
Resident of Jagadambha Beedhi,
Vidyanagara, B.H.Road,
Shimoga - 577201. ... PETITIONER
(By Sri A.N.Radha Krishna, Adv.)
AND:
The State of Karnataka,
By Kote Police, Shimoga,
Represented by the
State Public Prosecutor,
High Court Building,
Bangalore - 560 001. ... RESPONDENT
(By Sri B.J.Eshwarappa, HCGP)
This Criminal Petition is filed under Section 438 Cr.PC,
praying to enlarge the petitioner on bail in Crime No.79/2016 of
Kote P.S., Shivamogga District, for the offence punishable
under Sections 141, 143, 144, 148, 307 r/w 149 IPC.
This criminal petition coming on for Orders, this day, the
Court made the following:
CRL.P 4995/2016
2
ORDER
1. This petition is filed under Section 438 of Cr.PC in respect of crime registered by the respondent-Police in Crime No.79/2016 in respect of the offences punishable under Sections 141, 143, 144, 148, 307, 149 IPC against five persons. Petitioner herein is arrayed as Accused No.4 in the FIR.
2. The allegation against the petitioner is, that he assaulted victim - Anjaneya on 15.06.2016 during night hours. Accused No.1 who assaulted the victim with a chopper is enlarged on bail by the order of this Court dated 26.06.2016 in Crl.P.No.5790/2016. The co-accused Punitha against whom the allegation was similar, was granted anticipatory bail by the Sessions Court. The nature of allegation made against this petitioner though does not inspire granting of anticipatory bail, having regard to the fact that the I.O. has seized and mahazared the weapons used for commission of the offence, there is no impediment to grant anticipatory bail for a limited period.
3. Petition is allowed. Petitioner is granted anticipatory bail for a period of three weeks only. Within the said period, he shall surrender before the concerned court and move for regular bail. CRL.P 4995/2016 3 In that event, the bail application shall be disposed of in accordance with law. Until the disposal of the said bail application, this order shall enure to the benefit of the petitioner. In the event of his arrest within the above period, he shall be released on bail on executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the likesum.
Sd/-
JUDGE KK