Umashankar @ Madhu vs The State By Rmc Yard Police Station on 7 November, 2016

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Karnataka High Court

Umashankar @ Madhu vs The State By Rmc Yard Police Station on 7 November, 2016

Bench: L. Narayana Swamy

                              1


  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 7TH DAY OF NOVEMBER 2016

                        BEFORE

    THE HON' BLE MR. JUSTICE L. NARAYANA SWAMY

            CRIMINAL PETITION No.4458/2016

BETWEEN:

UMASHANKAR @ MADHU
S/O ANANTHA RAMAIAH
AGED ABOUT 23 YEARS,
RESIDENT OF VASANTHAMMA BUILDING
GROUND FLOOR, 7TH CROSS,
FRIENDS CIRCLE,
NEAR RAJARAJESHWARI TEMPLE,
LAGGERE, BANGALORE-560 058.
                                        ... PETITIONER

(BY SRI.NAGARAJA.N., ADV.,)

AND:

THE STATE BY RMC YARD POLICE STATION
BANGALORE.
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING,
BANGALORE - 560 001.
                                    ... RESPONDENT

(BY SRI.K.NAGESHWARAPPA, HCGP)

     THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C.,
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.
NO. 219/2015 OF R.M.C YARD P.S., BANGALORE FOR THE
OFFENCE P/U/S 392 OF IPC.

     THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING
                                2


                            ORDER

A criminal case is registered against the petitioner - Accused No.4 by the respondent - police for the offences 392 of IPC.

2. The case of the prosecution is that on 16/9/2016 the complainant was to go to his native place Koratakere on 18/9/2016 he was returned to Bangalore. At about 1-30 AM complainant was stepped from the bus at Goraguntepalya CMTI Junction and he was standing in the ring road corner to go to Nayandahalli, at that time TATA Indica Car came to said place and there were five persons in the said car and the said persons called the complainant to drop at Nayandahalli the complainant believing the inmates of the said car boarded and the car proceeded thereafter the three persons who are sitting in the said car closed the window glass and assaulted the complainant and robbed his mobile phone watch silver ring and cash of Rs.400/- and made the complainant to step in a lonely place. With these facts the complainant lodged the complaint against the unknown persons.

3. The learned counsel for the petitioner is absent. Heard the learned Govt.Pleader appearing for the State - 3 respondent.I have gone through the order of the trial court. It is seen that the petitioner - accused is in the custody for more than one year. Moreover the offence alleged is not either punishable with death or imprisonment for life. The petitioner can be granted bail by imposing stringent conditions.

Accordingly, petition is allowed and bail is granted to the petitioner. He shall be released on bail in Crime No.219/2015 registered by respondent - police Station, subject to the following conditions:

ORDER

a) Petitioner shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the like sum to the satisfaction of trial court.

b) Petitioner shall not hold out threats to the prosecution witnesses or lure them in any manner.

c) Petitioner shall not indulge in any criminal activities.

d) The petitioner shall mark his attendance before the respondent - police once in a week 4 on every Sunday between 10.00 a.m and 5.00 p.m.

e) The petitioner should attend the trial court on all the dates of hearing without fail. For getting exemption, he has to file necessary application for exemption of his appearance before the Court.

If the petitioner violates any one of the conditions, the prosecution is at liberty to seek for cancellation of bail.

Sd/-

JUDGE Nm

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