Sri Abhishek vs The State Of Karnataka on 10 September, 2013

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Karnataka High Court

Sri Abhishek vs The State Of Karnataka on 10 September, 2013

Bench: N. Ananda

                                             Crl P 5382/2013

                            1

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

  DATED THIS THE 10TH DAY OF SEPTEMBER 2013

                        BEFORE

        THE HON'BLE MR. JUSTICE N. ANANDA

           CRIMINAL PETITION No.5382/2013

BETWEEN:

Sri. Abhishek,
S/o late Ramamurthy,
Age about 27 years,
R/at Konkur village,
Nagamagala Taluk,
Mandya District.
                                                Petitioner
(By Sri Shankar.G, Adv.)

AND:

The State of Karnataka,
By Maddur Police,
Mandya, Rep. by its
State Public Prosecutor,
High Court Complex,
Bangalore-560 001.
                                             Respondent
       (By Sri Vijay Kumar Majage, HCGP)

      This criminal petition is filed under Section 438 of
the Code of Criminal Procedure praying to enlarge the
petitioner on bail in the event of his arrest in Cr. No.
291/2013 of Maddur P.S., Mandya, registered for
offences punishable under Sections 504, 506, 143, 147,
148, 149, 307, 324 of Indian Penal Code.
                                                    Crl P 5382/2013

                               2

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

                         ORDER

The petitioner/accused No.4 is apprehending arrest in Crime No.291/2013 for offences punishable under Sections 504, 506, 143, 147, 148, 149, 307, 324 of Indian Penal Code.

2. As per first information lodged by brother of injured, the accused No.1 viz., Lokesha had grudge against injured. On 05.07.2013 at about 12.30 p.m., victim Mahesha was in a tea stall near Borapura gate. Accused No.1 and his associates (residents of Bangalore) came near tea stall and picked up quarrel with the injured. Accused No.1 assaulted on the head of Mahesha with a long and caused multiple injuries. The associates of accused No.1 assaulted the injured with reaper and long.

3. As per wound certificate made available by learned Government Advocate, injured Mahesha had suffered cut lacerated wound over scalp measuring 12cm x 1cm Crl P 5382/2013 3 extending from frontal region to parietal region right side, cut lacerated wound occipital region on right side measuring 6 cm x 1 cm an complains of pain and tenderness over left hand. Even if first information is accepted on its face value, the overt acts can be attributed to accused No.1. Accused Nos.2 and 3 are on bail. The petitioner can be made available to the investigation officer for the purpose of investigation.

4. Therefore, having regard to nature of allegations found in first information and injuries suffered by the victim, I pass the following:

ORDER The petition is accepted. If the petitioner is arrested by respondent police in Crime No.291/2013 registered for offenses punishable under Sections 504, 506, 143, 147, 148, 149, 307, 324 of Indian Penal Code, petitioner shall be released on bail, subject to following conditions:-

Crl P 5382/2013

4

I. The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) and shall offer a surety for the likesum.

II. The petitioner shall appear before the investigating officer for the purpose of investigation, whenever called upon to do so.

III. The petitioner shall not intimidate or tamper with prosecution witnesses.

IV. The petitioner shall seek regular bail from the jurisdictional Court within a period of three months from today.

Sd/-

JUDGE kcm

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