Karnataka High Court
Manjunath vs State By Banaswadi Ps on 20 June, 2014
Author: R.B Budihal
Bench: R.B Budihal
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 20TH DAY OF JUNE 2014
BEFORE
THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO. 3424 OF 2014
BETWEEN:
1. MANJUNATH
S/O. SHANKAR. E
AGED ABOUT 27 YEARS
R/AT NO. 122, 3RD CROSS
JAYARAM STREET,
MUNIKALAPPA GARDEN
R.S. PALYA, KAMMANAHALLI
BANGALORE-560 033.
2. V. KISHORE KUMAR
S/O. VENKATESH
AGED ABOUT 30 YEARS
R/AT NO.1119, M.V. NILAYAM
MUNEGOWDA ROAD, R.S. PALYA
BANGALORE-560 033.
3. DAVID JHON
S/O. LATE JNANA RAJ
AGED ABOUT 25 YEARS
R/AT NO.22, INDRA STREET,
SUBBAIAHNAPALYA
BANGALORE-560 033.
... PETITIONERS
(BY SRI K. VENKATRAMANA, ADV.)
AND:
STATE BY BANASWADI P.S.,
BANGALORE
REPRESENTED BY SPP,
2
HIGH COURT COMPLEX
BANGALORE-560001.
... RESPONDENT
(BY SRI NASRULLA KHAN, H.C.G.P.)
THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO
ENLARGE THE PETITIONERS ON BAIL IN CRIME
NO.261/14 OF BANASAWADI P.S., BANGALORE CITY, FOR
THE OFFENCES P/U/S 307 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER
This is the petition filed by the petitioners / accused Nos.1 to 3 under Section 439 of Cr.P.C. seeking their release on bail in Crime No.261/2014 registered in respondent police station for the offences punishable under Section 307 r/w 34 of IPC.
2. Heard the arguments of the learned counsel appearing for the petitioners/accused Nos.1 to 3 and also heard the learned High Court Government Pleader for the respondent-State.
3. I have perused the averments made in the bail petition, FIR, complaint and other material placed on 3 record. The case of the prosecution in brief is that on 07-05-2014 at about 7.00 pm the complainant after completing his work came to the house and the accused persons were playing cards in the park and the complainant asked them why they are playing cards in the park. For that all the three accused persons started to stair at the complainant and thereafter the complainant along with his cousin brothers Madan came near Pooja Bakery to have a cup of tea. All these accused persons pick up a quarrel with the complainant and assaulted to him with machchu on his head and there by made an attempt to murder the complainant. Learned counsel for the petitioner submitted that the petitioners have not committed alleged offences and even looking to the injuries Certificate said to have been produced, it goes to show that the injury sustained are simple in nature.
4. I have perused the injury certificate dated 8.05.2014 issued by Bowring and Lady Curzon Hospital in respect of Vijay, who is injured. It is also 4 submitted by both the sides that the injured discharged from the hospital. The alleged offence under Section 307 of IPC is not exclusively punishable by death or imprisonment for life and they are under taken to abide by any reasonable conditions to be imposed by this court. Hence by imposing reasonable conditions petitioners can be admitted to bail.
Accordingly, the petition is allowed. Respondent- State are directed to release the petitioners -accused Nos.1 to 3 on bail in Crime No.261/2014 registered in respondent police station for the alleged offences punishable under Sections 327, 323, 341, 506 R/W 34 of IPC, subject to the following conditions.
1. Each petitioners to execute a personal bond for Rs.50,000/- (Rupees Fifty Thousand Only) and to furnish one solvent surety for the likesum to the satisfaction of the concerned Court. 5
2. Petitioners shall not tamper the prosecution witnesses directly or indirectly.
3. Petitioners shall appear before the concerned Court regularly.
Sd/-
JUDGE RA