Karnataka High Court
Sri Swamy @ Yathisha vs State Of Karnataka on 10 March, 2015
Author: A.V.Chandrashekara
Bench: A.V.Chandrashekara
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF MARCH 2015
BEFORE
THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA
CRIMINAL PETITION NO.451/2015
BETWEEN:
1. SRI SWAMY @ YATHISHA
S/O RANGE GOWDA,
AGED 22 YEARS,
C/O KUMAR,
MOOKAMBIKA NAGAR,
FOREST GATE,
MAGADI ROAD,
BENGALURU-560 091.
2. TYAGARAJA
S/O GANESHA,
AGED 22 YEARS,
MOOKAMBIKA NAGAR,
FOREST GATE,
MAGADI ROAD,
BENGALURU-560 091.
3. KEMPARAJA
S/O LAKKANNA,
AGED ABOUT 25 YEARS,
R/AT JNANASHAKTHIU KALYANA
MANTAPA ROAD,
CHIKKAGOLLARAHATTI,
BANGALORE-560 091.
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4. VINAYA
S/O RAMACHANDRA,
AGED 26 YEARS,
R/AT PIPELINE ROAD,
MOOKAMBIKA NAGAR,
FOREST GATE,
MAGADI ROAD,
BENGALURU-560 091.
... PETITIONERS
(By Sri: VINOD KUMAR M, ADV.)
AND:
STATE OF KARNATAKA
BY MADANAYAKANAHALLI POLICE STATION,
BANGALORE-560001.
... RESPONDENT
(By SRI: ESHWARAPPA, HCGP)
CRL.P FILED U/S.439 CR.P.C BY THE ADVOCATE
FOR THE PETITIONER PRAYING THAT THIS HON'BLE
COURT MAY BE PLEASED TO ENLARGE THE
PETITIONER ON BAIL IN CRIME NO.608/2014 OF
MADANAYAKANAHALLI POLICE
STATION,BANGALORE DISTRICT FOR THE OFFENCES
P/U/S 427,506,341,504,143, 147,148,149,307,323,224 OF IPC,
PENDING BEFORE THE HON'BLE ADDL. CIVIL JUDGE
AND JMFC, NELAMANGALA.AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Petitioners are accused nos.1 to 4 in a criminal case in Crime No.608/14 on the file of Madanayakanahalli police station, Bengaluru District. They are in judicial custody since and hence have filed this bail application under Section 439 Cr.P.C.
2. The offences alleged against them are punishable under Sections 427, 506, 341, 504,143, 147, 148, 149, 307, 323 and 224 I.P.C. The main allegation against them is that they made an attempt on the life of the complainant-Kumara on the intervening night of 16th and 17th December 2014. According to the FIR, when the driver of the lorry was transporting sand, these petitioners stopped the vehicle and when the first informant reached the spot, they assaulted him with clubs, long and caused injuries on the right hand and held out threats of dire consequences.
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3. Learned HCGP has opposed the bail application on the ground that prima facie case is forthcoming against these petitioners in regard to their involvement in the crime.
4. It is a very moot point at this stage as to whether the said act would come under Section 307, I.P.C. Admittedly the injured has already been discharged form the hospital, and a major portion of investigation is over. Thus the apprehension of the learned HCGP could be met by imposing suitable conditions.
5. Accordingly the petition under Section 439, Cr.P.C. is allowed, and the petitioners are granted bail subject to the following conditions:
1) They shall execute a bond for a sum of Rs.50,000/- each with one solvent surety for the like sum to the satisfaction of the jurisdictional ; police
2) They shall mark attendance once in 15 days in the jurisdictional police station between 9.00 a.m. and 5.00 p.m. till filing of charge sheet;
3) They shall not hold out threat to prosecution witnesses or tamper with evidence;5
4) They shall attend the court on all dates of hearing, except under unavoidable circumstances.
5) If they violate any of the above conditions, petitioner will be at liberty to seek cancellation of bail.
Sd/-
JUDGE vgh*