Karnataka High Court
Lucky Osadolor vs The State on 25 August, 2014
Author: R.B Budihal
Bench: R.B Budihal
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 25TH DAY OF AUGUST 2014
BEFORE
THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.4026 OF 2014
BETWEEN:
LUCKY OSADOLOR
S/O OSADOLOR
AGED ABOUT 37 YEARS
R/A C/O S. GUNA
3RD MAIN, VINAYAKA CIRCLE
14TH CROSS, HOYSALA NAGAR
RAMAMOORTHYNAGAR
BANGALOE-560 016.
PERMANENT RESIDENT OF
NO.4, OFFAMUWEGBE STREET
BENIN CITY
NIGERIA
PASS PORT NO.A04658012 ... PETITIONER
(BY SRI K.S. VISHWANATH, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY HENNUR POLICE
BANGALORE
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR
HIGH COURT
BANGALORE-560 001. ... RESPONDENT
(BY SRI K.NAGESHWARAPPA, HCGP)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER
ON BAIL IN CRIME NO.90/2014 OF HENNUR POLICE
STATION, BANGALORE CITY, FOR THE OFFENCE P/U/S
143, 144, 147, 307, 302, 427 R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER
This is the petition filed by the petitioner/accused No.10 under Section 439 of Cr.P.C. seeking his release on bail in Crime No.90/2014 registered in respondent police station for the offences punishable under Sections 143, 144, 147, 307, 302, 427 R/W 149 of IPC.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused No.10 and also heard the learned High Court Government Pleader for the Respondent-State.
3. I have perused the averments made in the bail petition, FIR, complaint and other materials produced in the case.
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4. Looking to the complaint averments the case of the prosecution in brief is that on 14.03.2014 around 10:30 pm complainant and his friends by name Joshua, Tonyben, Kenny and one more friend had been to 579 club and on the same day one more gang belonging to Bolaji, Ogloog, Sele, Psycho, Fiffy and others had been to the same club at around 12:00 midnight. One of the members of Bolaji gang teased a girl belonging to complainant's gang, when asked as to why he did so, there was a fight between both the parties and later it was pacified and all of them were dispersed. At around 3:00 am on 15.03.2014, when the complainant along with his friends were returning from birthday party of Sams, held at Kamanahalli, waylaid by the Bolaji gang near railway gate Horamavuagra, around 10 to 12 persons got down from the car with iron rods, clubs and assaulted the complainant and others. On the basis of the said complaint case has been registered for the alleged offences. Looking to the FIR, name of the present petitioner is not figured either in the complaint 4 or in the FIR, even looking to the spot mahazer and inquest mahazer proceedings the name of the present petitioner is not mentioned and it is only mentioned during the course of the investigation the present petitioner has been arrayed as accused No.10.
5. Learned High Court Government Pleader during the course of his argument made the submission that on the next day of the incident itself i.e., on 15.03.2014 investigating officer has recorded the statement of CW-6 and 7 wherein the material goes to show the involvement of the present petitioner for the commission of the alleged offences. But looking to the statement of those averments it goes to show that when they asked the injured, injured told the name of the present petitioner, if really on the very next day of the incident the present petitioner said to have been involved in the commission of the alleged offences then there was no reason for the prosecution not to mention in the spot mahazer or in the inquest mahazer proceedings. In the bail petition present petitioner 5 contended that he is not involved in the commission of the alleged offences and there is a false implication of the petitioner in the case. Looking into these materials on record, I am of the opinion that petitioner has made out a case for his release.
Accordingly, petition is allowed.
Petitioner/accused No.10 is ordered to be released on bail in Crime No.90/2014 registered in respondent police station for the offences punishable under Sections 143, 144, 147, 307, 302, 427 R/W 149 of IPC, subject to following conditions.
1. Petitioner to execute a personal bond for Rs.1,00,000/-(Rupees One Lakh Only) and to furnish one solvent surety for the likesum to the satisfaction of the concerned Court.
2. Petitioner shall not tamper the prosecution witnesses directly or indirectly.
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3. Petitioner shall appear before the concerned Court regularly.
SD/-
JUDGE SM