Karnataka High Court
R V Vijaykumar @ Pappa vs State Of Karnataka By Banaswadi Ps on 7 May, 2009
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS mg 7"! DAY oz: MAY 2oo9__"--'
BEFORE
THE HON'BLE MR JUSTICE K N 1{asHAvA1r§A1éAf¥AnAvff. V'
CRIMINAL myrmon so. xéssiofi . J, " "
am-«mm: .' % V'
RV. Vijayalmmar @ Papp'a,~~..é_
S/o. RE. Balan, ~ _ -_
Aged about 35 years, _ .
Residing at No. 123,4-F1? Cross; *
Satya. Nagar, Nagsr Post, " '
Bangaorom56Q~O:33.'l__,__j. " _: .
Now in Judida; (3§ 1§to¢iy,_"*--.'jv'o. PETITIONER
(By Sri. GR an' 1".'
ARI):
V..S~$ate of « ..... <4 .
" By Stafion,
Banga1"oro.*v.__"~ _ ...RESPONDENT
(By sr:,;:en;;;:§p%a,o HCGP)
Tflis Petition is filed under Section 439
< " vCr.._P.A.C,,_ praying to enlarge the mtitioner on bail in Cr.No.72
ot"«20;O9"of Banaswadi Police Station, Bangalore City, which
i_s~_rr;--:gistéred for the offices punishable under sections 143,
I47, 148, 307 I'/W. Section 149 of IPCR
This Criminal Petition coming on for Orders this day,
9' {fie Court made the following: &
ORDER
The petitiener has been arraigned as Accused NGf""i--3 in Crime No.72/09 of Banaswadi Police Station. has been registered for the ofiences K Sections 143, 144, 147, 148, 307 1149§Tcfi'__ basis of the complaint said to haye Kumar, s/o. Kantian on 0'? efhen the complainant along with elder and mother were talk:ing_ by house in Satya Nagar mme there in a weapons and cemmitted acts of assault brother and when his 1_1ephews§ byanamV1e' Prakash and Prabhu came there V. .(:r§es,_tI1ey were also assaulted by the members _ of a result of the assault, all of them sxgstainetl giieireus and simple injuries. A ":7 " During investigation the petitioner was arrested eras subjected to judicial custedy. His application for filed before the Ieamed Sessions Judge came to be rejected, therefore, he has presented this petition under @ Secfien 439 of Cr.P.C. seeking an order to enlarge him on bail.
3) Learned counsel for the petitioner there is no prima. facie material:-' petitioner has committed any acts any ifliumd persons and that itseE""'ve«'§:f1dica£6"' no invoivemezot of the petitionegf oft'eI1ce;'v' He also contended that some othef on the same footing have this Court in Crimiraal }""'etitie.ti§Vi, 1t:4;: and 1139 of 2009. Therefore, henfitled to be enlarged on bail by applyirig-'the of parity. :4)': other hand, Learned Government Pleader repi'eee':1tAiri$§:'AV"_'v_the,'"Respondent-State submitted that the materieie during investigation prime faeie indicate . "i}t1€%_.Am!titioner as one of the members of the unlawful has committed acts of assault on the complainant "etu;d'et11ers in the background of previous il1~--wil1 with the é/ complainant. Therefore, he is not entitled to be on bail.
5) Pemsal of the eomplaixgtoeeowallegafioxael " " u that there is no specihe ove1t«actsV"~:¢att;i'ei1ted_' mtitioner herein. In the eompleim, of'. L' the petitioner has been ova fl1emeer.of goup, which came near the houlseilllof armed with deadly weapons, the complaint has not made. the present petitioner of assault on any of the injured _ papers also de not prima facie irgdicate Var1y'"eve1't-acts against the petitioner. ofienceellelleged against the petitioner are not Eieeth or life imprisonment. A copy of the VV'e;Floz'der passed 'ie5(iriminal Petition No.1141 of 2009 produced lndicates that this Court has enlarged the and 5, on bail. The petitioner alse stand on 'T footing as that of other accused persons, who have lelready been enlarged on bail. Therefore, the principles of parity demands reimse of this petitioner also on bail. Cg./r»
6) Accordingly, the petition is allowed; ' j-- petitioner is ordered to be enlarged on bail in 2009 of Banaswadi Police Station, B-angaloréyh K executir1g a personal bond for R3 (Sf. (Rupees Twenty Five Tho:.1saI1(iV.§I31y) vtritlg for" ' L' the like--sum to the SatiSf8.;CtiOI}-«0% Court and subject to further not tamper or termrise any of the: any marmcr;
that he shall Court on all hearing £16 shall not indulge in any acts to aghast him.
Sd/-7 Judge