Karnataka High Court
Sunil L J vs The State Of Karnataka on 3 January, 2017
Author: Rathnakala
Bench: Rathnakala
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3rd DAY OF JANUARY, 2017
BEFORE
THE HON' BLE MRS JUSTICE RATHNAKALA
CRIMINAL PETITION NO.8483 OF 2016
BETWEEN:
SUNIL L.J.,
S/O L.K.JAYARAMA
AGED ABOUT 22 YEARS
R/O LAKSHMISAGARA VILLAGE
MULUKOTE HOBLI,
PANDAVAPURA TALUK
MANDYA DISTRICT-571434
... PETITIONER
(BY SRI V.N.MADHAVA REDDY, ADV.,)
AND:
THE STATE OF KARNATAKA
BY PANDAVAPURA POLICE STATION
MANDYA DISTRICT
NOW REPRESENTED BY
S.P.P., HIGH COURT BUILDING
BANGALORE-560 001
... RESPONDENT
(BY SRI K.NAGESHWARAPPA, HCGP)
2
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C PRAYING TO ENLARGE THE PETR. ON BAIL IN
CR.NO.330/2016 OF PANDAVAPURA P.S., MANDYA DISTRICT
FOR THE OFFENCE P/U/S 143, 147, 148, 114, 323, 324, 307
R/W 149 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent- State.
2. The respondent -Police registered a case against the petitioner/accused No.1 and six others in their FIR No.330/2016 dated 22.9.2016. After investigation, charge sheet is filed in respect of offences punishable under Sections 143, 147, 148, 114, 323, 324, 307 read with Section 149 of IPC.
3. The allegation is, on the intervening night of 21/22.9.2016 in pursuance of their previous enmity against 3 C.W.3, the accused persons quarreled with him over a petty matter, assaulted him with club and inflicted blows. When C.W.2 rushed to the spot and intervened, at the incitement of accused No.7, accused Nos.2 to 6 assaulted him and accused No.1 stabbed twice once on his left waist and again on the abdomen. Thus, caused grievous injuries.
4. The petitioner is an young person of 22 years and said to be hailing from a farmers family. The co-accused are enlarged on bail.
5. The investigation having been complete, there is no impediment to allow the petition.
6. Accordingly, petition is allowed. Petitioner is enlarged on bail in Crime No.330/2016 registered by the respondent- Police, subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.1,00,000/- with one surety for the likesum.
The surety shall be an adult male member of the 4 family who would vouch for good and proper behaviour of the petitioner.
(ii) Till conclusion of trial, he shall not hold threat to the complainant and other prosecution witnesses.
(iii) He shall attend the Court on all hearing dates regularly and shall not leave the jurisdiction of the Sessions Court without prior permission of the Court till conclusion of trial.
In the event he violates the above condition, the Investigating Officer is at liberty to seek the concerned Court for cancellation of bail.
Sd/-
JUDGE PB