Karnataka High Court
Mr. Pavan N M vs State By on 14 June, 2019
Author: S.Sunil Dutt Yadav
Bench: S. Sunil Dutt Yadav
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JUNE 2019
BEFORE
THE HON'BLE MR. JUSTICE S. SUNIL DUTT YADAV
CRIMINAL PETITION No.1866/2019
BETWEEN:
Mr. Pavan N M
S/o. Mallanna
Aged 25 Years
R/a. 7343, 3rd Cross
Narayanaswamy Road
Thanisandra Main Road
Ashwathnagar
Bengaluru-560 077. ... Petitioner
(By Sri. Sanjay Yadav B, Adv. for
M/s. Mahesh S & Co., Advs.)
AND:
State by
Kadugondanahalli Police Station
Bengaluru
Rep. by the State Public Prosecutor
High Court of Karnataka
Bengaluru-560 001. ... Respondent
(By Sri.K.P.Yoganna, HCGP)
This Criminal Petition is filed under Section 438 of
Criminal Procedure Code praying to enlarge the petitioner on
bail in the event of his arrest in Cr.No.59/2019 of
Kadugondanahalli Police Station, Bengaluru City for the
offences punishable under Sections 307, 326 r/w Section 34
of IPC and Section 3 and 25 of Arms Act 1959.
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This Criminal Petition coming on for orders, this day,
the Court made the following:
ORDER
The petitioner-accused No.4 has filed this petition seeking to be enlarged on bail in the event of his arrest with respect to the proceedings in Crime.No.59/2019 for the offences punishable under Sections 307, 326 read with Section 34 of IPC and Sections 3 and 25 of Arms Act, 1959.
2. It is stated that a complaint was filed by one Mr.Prasad.G, which was initially registered in Crime No.59/2019 on 16/02/2019 for the offence punishable under Section 326 read with Section 34 of IPC. It is stated that on the basis of the further statement of the complainant, the offences under Section 307 read with Section 34 of IPC and Sections 3 and 25 of Arms Act, 1959 have been included. The case made out by the prosecution is that on 25/02/2019 at about 10:30 p.m., when he was having food in Kaveri Hotel, he noticed 3 that delivery boys of Zomato were consuming liquor, the victim objected to such behavior in a public road. Then at about 11:30 p.m., complainant had gone to meet the owner of Kitchen King Hotel, and while talking with his friend in front of the Hotel, the complainant alleges that an employee of Zomato had come over there with his friends and picked up a quarrel and has assaulted him with machete, causing grievous injuries. On lodging of the complaint, FIR came to be registered and subsequently charge sheet has been filed.
3. Learned counsel for the petitioner states that accused No.2 has been enlarged on bail in Crl.Misc.No.25239/2019 dated 13/03/2019. The petitioner states that as per case made out in the charge sheet, the imputation is essentially against accused No.1 and the only imputation as regards the present petitioner is that he had assaulted the complainant by using his hands. It is also submitted that the name of 4 the petitioner was not found in the complaint or F.I.R and he has been arrayed merely on the basis of the statement of the co-accused.
4. On perusal of the wound certificate, it reveals that injuries 1 and 2 are grievous in nature and the charge sheet discloses imputation primarily as regards accused No.1. Considering that accused No.2 has already been enlarged on bail and the primary imputation made out is primarily as against the other accused, that the role of the petitioner is a matter for trial, petitioner is also entitled to be enlarged on bail in the event of his arrest.
5. In the result, the bail petition filed by the petitioner under Sec. 438 of Cr.P.C. is allowed and the petitioner is enlarged on bail in the event of his arrest in Crime.No.59/2019 for the offences punishable under Sections 307, 326 read with Section 34 of IPC and 5 Sections 3 and 25 of Arms Act, 1959, subject to the following conditions:
(i) The petitioner shall appear in person before the Investigating Officer in connection with Crime No.59/2019 within 15 days from today and shall execute a personal bond for a sum of `50,000/-
(Rupees Fifty Thousand only) with a surety for the likesum to the satisfaction of the Investigating Officer.
(ii) The petitioner shall not tamper with evidence, influence in any way, any witness and petitioner shall not indulge in any criminal activities henceforth.
(iii) Any violation of the aforementioned conditions by the petitioner shall result in cancellation of bail.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
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(v) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/-
JUDGE SMJ