Kumar vs State Of Karnataka on 6 April, 2017

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Karnataka High Court

Kumar vs State Of Karnataka on 6 April, 2017

Bench: Rathnakala

                           -1-



       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

            DATED THIS THE 6th DAY OF APRIL 2017

                         BEFORE

           THE HON'BLE MRS.JUSTICE RATHNAKALA

           CRIMINAL PETITION NO.2811/2017

BETWEEN:

KUMAR
S/O KARAGAPPA
AGED ABOUT 36 YEARS
R/AT BEHIND METRO
RENTED HOUSE OF PUTTASWAMY
SAI BABA TEMPLE ROAD
NEAR KONANAKUNTE BUS STOP
BENGALORE - 562 106
PERMANENT ADDRESS:
KORAAGEREDODDI
RAGIHALLI DHAKALE
JIGANI HOBLI, ANEKAL TALUK
BANGALORE RURAL DISTRICT - 562 106.
                                       ...PETITIONER
(BY SRI MANJUNATH G., ADV.)

AND:

STATE OF KARNATAKA
BY BANNERUGHATTA POLICE
BANGALORE - 562 106
REPRESENTED BY LEARNED SPP
HIGH COURT OF KARNATAKA
BANGALORE - 560 001.
                                      ...RESPONDENT
(BY SRI K.NAGESHWARAPPA, HCGP.)

       THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
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CRIME NO.172/2016 OF BANNERGHATTA POLICE STATION,
BENGALURU DISTRICT, FOR THE OFFENCES P/U/S 302, 338, 279
OF IPC.


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


                        ORDER

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

2. The respondent-police have charge sheeted the petitioner in their Cr.No.172/2016 in respect of the offence punishable under sections 302, 338, 279 of IPC.

3. The allegation is, in pursuance of his previous enmity against the deceased, the petitioner followed the motorbike on which the complainant and the deceased were traveling and dashed from behind. When the motorcyclists fell down, he attempted to murder the deceased by assaulting with stone; thinking that the victim expired, he -3- left the place. The deceased expired in the hospital on 25.11.2016 while on treatment.

4. Perused the prosecution papers. The prosecution is yet to establish its allegation of mens rea on the part of the accused to do away with the life of the deceased during trial. As per the post mortem report, the death is due to coma as a result of head injury sustained. The statement of the deceased during his life time was not recorded. The investigation since complete, there is no impediment to allow the petition.

Accordingly, the petition is allowed. Petitioner is enlarged on bail in Crime No.172/2016 of respondent- police, subject to the following conditions:

(i) He shall execute a self bond for a sum of Rs.2,00,000/- with two local sureties for the likesum to the satisfaction of the concerned Court.

(ii) He shall attend the Court on all hearing dates regularly and punctually.

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(iii) He shall not terrorize the prosecution witnesses.

Sd/-

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