Madhusudhana @ Madhu @ Kathri @ ... vs State Of Karnataka on 17 April, 2013

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Karnataka High Court

Madhusudhana @ Madhu @ Kathri @ ... vs State Of Karnataka on 17 April, 2013

Bench: H.N. Nagamohan Das

                            1


     IN THE HIGH COURT OF KARNATAKA AT BANGALORE

         DATED THIS THE 17TH DAY OF APRIL, 2013

                        BEFORE

     THE HON'BLE MR. JUSTICE H.N. NAGAMOHAN DAS

            CRIMINAL PETITION NO.2220/2013

BETWEEN

1.    MADHUSUDHANA @ MADHU @
      KATHRI @ KATHRIGUPPE
      S/O. MUNIYAPPA
      AGED ABOUT 19 YEARS
      R/AT NO.102, AMBEDKAR BEEDI
      5TH MAIN, BYATARAYANAPURA
      BANGALORE - 560 092

2.    MANJA @ MACH MANJA
      S/O MUNIYAPPA
      AGED ABOUT 22 YEARS
      R/AT NEAR SHABARI BAKERY
      1ST CROSS, 5TH MAIN, BYATARAYANAPURA
      BANGALORE - 560 092
                                       ... PETITIONERS

(BY SRI:HARISH KUMAR H.C., ADVOCATE)


AND

STATE OF KARNATAKA
BY KODIGEHALLI P.S.                    ... RESPONDENT

(BY SRI: S.DORERAJU, SPP)
                                       2

         THIS CRL.P IS FILED U/S.439 OF CR.P.C BY THE
ADVOCATE FOR THE PETITIONERS PRAYING THAT THIS
HON'BLE COURT MAY BE PLEASED TO ENLARGE THE
PETITIONERS ON BAIL IN CR.NO.1/2013 OF KODIGEHALLI
P.S., BANGALORE, FOR THE OFFENCES PUNISHABLE
UNDER SECTION 143, 147, 323, 324, 307 R/W 149 OF IPC.


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



                                ORDER

The petitioners are accused Nos.1 and 2 in Cr.No.1/2013 for the offences punishable under Sections 143, 147, 323, 324, 307 R/w 149 of IPC.

2. Investigation is completed and charge sheet is filed. A perusal of the charge sheet specifies that the accused No.1 caused grievous injuries on the vital parts of the body of Arun Kumar - CW.5. Therefore, the accused No.1 is not entitled for bail.

3. In the charge sheet it is alleged that the accused No.2 caused injuries to CW.1. The wound certificate specifies 3 that the CW.1 sustained simple injuries. In the circumstances, accused No.2 is to be enlarged on bail.

4. Accordingly, the following:

ORDER The petition is hereby dismissed insofar as petitioner No.1 is concerned. The petition insofar as petitioner No.2 is concerned is hereby allowed. The petitioner No.2/accused No.2 is to be enlarged on bail subject to the following conditions:

i) Petitioner No.2 shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with a local solvent surety for the like-sum to the satisfaction of the Trial Court.

ii) On all hearing dates, the petitioner No.2 shall be present before the Trial Court.

iii) The petitioner No.2 shall not, in any manner, tamper with the prosecution witnesses.

Violation of any one of the conditions above will result in cancellation of bail order. Ordered accordingly.

Sd/-

JUDGE HJ*

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