Rakesh A R vs State By on 15 September, 2017

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Karnataka High Court

Rakesh A R vs State By on 15 September, 2017

Bench: Rathnakala

                          1


  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 15TH DAY OF SEPTEMBER, 2017

                       BEFORE

        THE HON' BLE MRS. JUSTICE RATHNAKALA

          CRIMINAL PETITION NO.6359 OF 2017

BETWEEN

RAKESH A.R.
S/O LATE RAJEGOWDA
AGED ABOUT 20 YEARS
R/AT NO.3, 1ST CROSS
SHRINIDHI LAYOUT
BANGALORE - 560 062
                                       ... PETITIONER
(BY SRI.YOUNOUS ALI KHAN, ADV.,)

AND

STATE BY
HULIMAVU POLICE STATION
BENGALURU
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
HIGH COURT BUILDINGS
BENGALURU - 560 001
                                      ... RESPONDENT
(BY SRI. CHETAN DESAI, HCGP)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C. PRAYING TO ENLARGE THE PETITONER ON
BAIL IN CR.NO.787/2015 (S.C.NO.587/2016) OF HULIMAVU
                              2


POLICE STATION, BANGALORE FOR THE OFFENCE P/U/S
143, 147, 148, 364, 324, 307 AND 302 READ WITH 149 OF
IPC.

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

                          ORDER

The petitioner along with 16 others is charge sheeted by the respondent-police in respect of the offences punishable under Sections 147, 148, 364, 324, 307 and 302 read with Section 149 of IPC.

2. The case of the prosecution is, the accused on 01.12.2015 due to their previous enmity against the CW1, surrounded him. Accused No.1 assaulted him with a rod. Thinking that he will die due to the bleeding, they abducted his friend Shivakempe Gowda/the deceased and took him to the corner of the playground and all of them assaulted him with lethal weapons and inflicted blows. This petitioner dropped a size stone on his face after the deceased fell down due to the injuries suffered by the attack on him by the co- accused.

3. The co-accused are enlarged on the bail by the order by this court, investigation since complete, there is no impediment to allow the petition.

4. Petition is allowed. Petitioner is enlarged on bail in connection with Crime No. 785/2015 registered by the respondent police subject to the following conditions:

(1) Petitioner shall execute a self bond for a sum of Rs.1,00,000/- (One Lakh Rupees Only) with one local surety for the likesum to the satisfaction of the concerned court;

(2) He shall attend the court regularly on all hearing dates;

(3) He shall not hold threat to the prosecution witnesses and shall not indulge in criminal activities.

(4) He shall mark his attendance before the SHO of the respondent Police on every Sunday during office hours.

Sd/-

JUDGE Bsv

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Karnataka High Court