Mukkatira Kushalappa @ Sampath vs State Of Karnataka on 6 July, 2012

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Karnataka High Court

Mukkatira Kushalappa @ Sampath vs State Of Karnataka on 6 July, 2012

Bench: Subhash B Adi

                              1


       IN THE HIGH COURT OF KARNATAKA AT BANGALORE

            DATED THIS THE 6th DAY OF JULY 2012

                           BEFORE

           THE HON'BLE MR.JUSTICE SUBHASH B ADI

         CRIMINAL PETITION NO.3448 OF 2012 C/W
  CRL.P.NOS.3449 OF 2012, 3451 OF 2012, 3452 OF 2012,
       3453 OF 2012, 3454 OF 2012 & 3455 OF 2012

BETWEEN:

MUKKATIRA KUSHALAPPA @ SAMPATH
S/O LATE GANAPATHY
AGED ABOUT 52 YEARS
R/AT NALVATHOKLU VILLAGE,
VIRAJPET TALUK, KODAGU DIST,
PERMANELTY R/AT NO.642/4, BEHIND
AYISHA MASJID, MASJID ROAD,
MANGAMMANA PALYA,
BANGALORE - 560 068                   ...COMMON PETITIONER

(BY SRI. D P PRASANNA AND ASSTS, ADVS.)

AND:

STATE OF KARNATAKA
BY VIRAJPET TOWN POLICE           ... COMMON RESPONDENT

(BY SRI.G.M.SREENIVASA REDDY, HCGP)
                            ---

      These Criminal Petitions are filed under Section 439 of
Cr.P.C. to release the petitioner on bail in Cr. Nos.230/1997,
233/1997, 234/1997, 235/1997, 245/1997 & 247/1997,
246/1997 and 249/1997, respectively of Virajpet Town Police
Station, Virajpet in C.C.Nos.761/2006, 764/2006, 760/2006,
641/2006, 493/2006, 495/2006 and 1742/2008, respectively
for the offences punishable under Sections 143, 144, 146,
147, 148, 427, 353, 332, 333, 114, 152, 153 r/w 149 of IPC.
                                 2


    These Petitions coming on for Orders this day, the Court
made the following:-

                           ORDER

The petitioner is accused in Crime Nos.230/1997, 233/1997, 234/1997, 235/1997, 245/1997 & 247/1997, 246/1997 and 249/1997, respectively registered by Virajpet Town Police, Kodagu District for the offence punishable under Sections 143, 144, 145, 146, 147, 148, 427, 353, 332, 333, 307, 114, 152, 153, 341, 395, 434, 435, 436, 109, 448 r/w 149 of IPC.

2. Learned counsel for the petitioner submits that, on investigation, charge sheet has been filed in all the cases and other accused have been acquitted in S.C.Nos.111/2003, 110/2003, 44/2003, 43/2003, 109/2003, 42/2003 and 108/2003. Since this petitioner was not available, he was not arrested and the cases were split up against this petitioner. Now, the petitioner is arrested on 7.5.2012.

3. Since some of the accused have been enlarged on bail and acquitted, considering the nature of offence, I find that this petitioner could also be enlarged on bail. However, if the petitioner makes even a single default in appearing 3 before the Court, this bail order stands automatically cancelled.

4. Accordingly, petitions are allowed. Petitioner is enlarged on bail subject to the following conditions:

(i) The petitioner shall execute a personal bond for Rs.25,000/- in each case with two solvent sureties for the like sum to the satisfaction of the Trial Court.

(ii) The petitioner shall regularly attend the Court on hearing dates.

(iii) The petitioner shall not tamper with the prosecution witnesses.

Sd/-

JUDGE RV

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