Punitha vs State Of Karnataka By on 26 September, 2016

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Karnataka High Court

Punitha vs State Of Karnataka By on 26 September, 2016

Bench: Rathnakala

                           -1-



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 26TH DAY OF SEPTEMBER 2016

                        BEFORE

         THE HON'BLE MRS.JUSTICE RATHNAKALA

            CRIMINAL PETITION NO.5790/2016

BETWEEN:

1.     PUNITHA
       AGED ABOUT 30 YEARS
       S/O ANJANEYA
       R/AT YALLAKKAPPANAKERI
       VIDYA NAGAR
       SHIVAMOGGA - 577 201.

2.     SADASHIVA @ SADASHIVAMURTHY
       AGED ABOUT 40 YEARS
       S/O BASAPPA
       R/AT JYOTHINAGARA, BYPASS ROAD
       NEAR NANDAN SCHOOL
       SHIVAMOGGA - 577 201.              ...PETITIONERS

(BY SRI NISHIT KUMAR SHETTY, ADV.)

AND:

STATE OF KARNATAKA BY
SHO, KOTE POLICE STATION
SHIVAMOGGA, REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BANGALORE - 560 001.                      ...RESPONDENT

(BY SRI B.VISWESWARAIAH, HCGP.)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL
IN CR.NO.79/2016 OF KOTE P.S., SHIVAMOGGA, FOR THE
OFFENCE P/U/S 141, 143, 144, 148 AND 307 R/W 149 OF IPC.
                             -2-



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

                           ORDER

This is a petition filed under Section 439 of Cr.P.C. The petitioners are arrayed as accused Nos.1 and 2 in Crime No.79/2016 dated 15.6.2016 registered by the respondent/Police in respect of the offences under Sections 141, 143, 144, 148, 307 read with Section 149 of IPC.

2. During the course of investigation, the prosecution in the remand application arraigned as many as 26 persons. The victim Anjaneya is said to have been discharged from the hospital after three days of hospitalization. The weapons used for commission of offence is recovered from the possession of these petitioners by the Investigating Officer. In that view of the matter, they are not required to be in custody for the purpose of investigation. Having regard to the nature of -3- the allegation, there is no impediment to grant bail to the petitioners.

Accordingly, the petition is allowed. Petitioners are granted bail in Crime No.79/2016 of Kote Police Station, Shivamogga, subject to the following conditions:

i) They shall execute self-bond for Rs.1,00,000/- (Rupees One Lakh only) each with one separate local surety for the like sum to the satisfaction of the concerned Sessions Court. The learned Court while accepting the surety bond, shall examine the original title deeds of the properties of the sureties.

(i) They shall appear before the Investigating Officer as and when required during further investigation.

(ii) They shall not prevail upon or terrorize the prosecution witnesses.

Sd/-

JUDGE KNM/-

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