Karnataka High Court
Balraj S/O Saibanna Halimani vs The State Through on 28 November, 2011
Author: Aravind Kumar
Bench: Aravind Kumar
HE HON'BLE MR.JUSTICE ARAVIND KIJMAR
CRL. PETITION wo. 1eiies oF 2031 BETWE BANNA LiAl LIMANI.
AVANTE [ IAGRIO. DE SPUD 1t/O SHATABAZ COLONY, --
OLD JEWAR GE ROAD. GULBARGA, Bae a _ PETITIONER IBY SREB. Ke PALI ADVOCAED) ATION GUL BARGA. Dist URBA AR ED U/S. 488 of CRP.C BY THE VHONER PRAYING THIS 1 ION BLE YHONER ON BAIL IN) CRIME NO:
ING ON FOR ORDERS THIS DAY. THE Petitioner who is accused in Crime No. 18672014 by the Station Bazaar P.S.. Gulbarga for ie offeryec™ punishable under Section 394 of fPC.secking for grant of anticipatory bail in the event of his arrest. wont 2, feard learned counsel for the pctitio CT and learned High Court Gove rime: yw Pleader appearing for the State and perused Hire records.
3. tt pee contents yt of Tea arned counsel for thie petitio: acer that coniplanit in "aten filed against the petitioner is a counter bias! to the complaint lodge do by the | petitioner .< agai mist. complainant herein which
- repiste rod "in Crime No.176/2011 by Station Bazaar ps. Gulb ark ea and no incriminating material has been seized from: the petitioner and as such petitioner secks or belie enlarged on bail in the event of his arrest in "Cpaie No. 180/201 1.
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4. Per contra, learned High Court Government Pleader submits that petitioner is a Government Servant } who has indulged himself in an act in becorllig olma, * Public Servant and when he has assaiited, ihe complainant and snatched his gold chain said offence bs punishable under Section B394-of IPC. and thie Pratter is at investigation stage. as such, petitioner fs not entitled to be enlarged on anticipatory, bab
2. Havirg. beard the oeatned = Advocates appearing for partics-and on nerusal of the records, it is petitioner in the instant case has the complainant herein lodged a, Complaint. agai st before Station Bavaar P.S.. Gulbarga alleging tial complamant lias snatched the mobile of the petitioner 'asvalsovcasip which complaint came to be registered in Crifee "Noa 76/2011. The said) complaint has been lod ged on 04.10.2011 and the present complaint is filed by the complainant as counter to it on O8.10.2011 by 4 .
a ° fmiplicating the petitioner. Learned counsel for the petitioner files a memo enclosing the dischargesip issued by District Hospital. Gulbarga, whieh rellects, i liscHaregedt that petitioner was treated therein and was « establish the complicity of the-pectitiener, i. the alleged offence. It is for the prosecutian to prove the. guilt of the accused during course 6f triat and as such. | do not find any justifiable "ground to reject the.-prayer of the petitioner. Aécardisigly. folowing order is passed:
Criminal' Petition is allowed.
2. Invthe event of petitioner being arrested in Crime ~ Ne.L86/2011 by Station Bazaar P.S., Gulbarga is ordered, fo. ee enlarged on bail on executing a self bends for %50.000/- (Rupees Fifty Thousand Only)
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-with "one surety for the Hkesum and subject to he fSsTlowlng conditions:
(i)
(ii) Petitioner shall surrender before Trial Court on or before O8.12.2011 for the purposes of his. arrest and release.
Petitioner shall uot tansper ~-the -prosecuuon:, withesses or terrorize (hem. iii} Petitioner shall not leave "the, jurisdiction of the Court without express permis
(iv) Petitioner Shell appedr before Station Bazaar P.S.. Gulbarga conceit oa omonth ie... every second Sunday between "10.00. aim. and 5.00 p.m. till thye year on os) Cosy bie Charee sect.