Vishwa @ Bikla vs State Of Karnataka By on 18 March, 2015

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Karnataka High Court

Vishwa @ Bikla vs State Of Karnataka By on 18 March, 2015

Bench: A.V.Chandrashekara

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 18TH DAY OF MARCH, 2015

                         BEFORE

    THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA


              CRIMINAL PETITION No. 1241/2015
BETWEEN:
Vishwa @ Bikla,
S/o Nagaraju,
Aged about 25 years,
R/at # 7/4, 7th Cross,
Near Last Bus Stop,
Kumbarakoppalu,
Mysuru-570 001.
(Accused No.8)
(In Judicial Custody)                   ...PETITIONER

(By Sri. Ram Singh K., Advocate)

AND:

State of Karnataka,
By Metagalli Police Station,
Mysuru,
Rep. by Government Pleader,
High Court of Karnataka,
Bengaluru-560 001..                      ... RESPONDENT

(By Sri B.J. Eshwarappa, HCGP)
                          ...
     This Criminal Petition is filed under Section 439 of
Cr.P.C., by the advocate for the petitioner praying to
enlarge the petitioner on bail in S.C.No.18/15 on the file
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of the Metagalli Police Station, Mysore City for the
offences punishable under Section 364-A of IPC.

      This Criminal Petition coming on for orders this
day, the Court made the following:-

                          ORDER

Heard the learned Counsel for the petitioner and the learned HCGP.

2. The present petition is filed under Section 439 Cr.P.C. by accused No.8 relating to Crime No. 18/2015 of the respondent/Metagalli Police Station, Mysuru City. The offence alleged against him and others is punishable under Section 364-A of IPC.

3. The allegation against accused Nos.1 to 4 is that they demanded the first informant to pay a sum of Rs.10 lakhs and the first informant paid a sum of Rs.3 lakhs to accused Nos. 1 to 4. The allegation against this petitioner is that he was with accused Nos. 1 to 4 when they extorted a sum of Rs.3 lakhs from the first informant. No serious allegation is found against this 3 petitioner in the first information. He has already co- operated with the investigating officer and he has been in judicial custody since 5.2.2015. He is a permanent resident of Mysuru City having roots in the community and has undertaken to obey any conditions which may be imposed on him. The apprehension of the learned HCGP could be suitably met with by imposing proper conditions.

ORDER The petition is allowed and the petitioner shall released on bail subject to the following conditions:-

(i) That he shall execute a personal bond for a sum of Rs. One Lakh with one surety, for the likesum to the satisfaction of the jurisdictional Court.

(ii) That he shall not tamper or attempt to tamper any of the prosecution witnesses.

(iii) That he shall not give threat to the prosecution witnesses in any manner and shall not try to lure them in any manner.

(iv) That he shall not involve himself in any criminal activities.

(v) That he shall mark his attendance to the respondent - police station on every Sunday between 9.00 a.m. to 5.00 p.m. for a period of 6 months without fail, from the date of his release from the prison.

(vi) That he shall attend the Court regularly on all dates of hearing and shall co-operate with the learned Judge to hold the trial.

Any violation of the conditions imposed by this court would entitle the prosecution to seek for cancellation of bail.

Sd/-

JUDGE Nsu/-

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