Karnataka High Court
Murali vs The State Of Karnataka on 1 February, 2018
Author: R.B Budihal
Bench: R.B Budihal
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IN THE HIGH COURT OF KARNATAKA
AT BENGALURU
DATED THIS THE 1ST DAY OF FEBRUARY, 2018
BEFORE
THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRL.P No.179/2018 C/W CRL.P No.433/2018
CRL.P No.179/2018
BETWEEN
MURALI, S/O MUNIRAJ,
AGED ABOUT 19 YEARS
R/AT No.412, 3RD CROSS,
KAVERINAGAR,
BANASHANKARI,
BENGALURU-560 078. .. PETITIONER
(By Sri A V RAMAKRISHNA, ADVOCATE)
AND
THE STATE OF KARNATAKA
BY KUMARASWAMY LAYOUT
POLICE, BENGALURU, REP BY
ITS STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
HIGH COURT BUILDING,
BENGALURU-560 001. .. RESPONDENT
(By Sri K NAGESHWARAPPA, HCGP)
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THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING
TO ENLARGE THE PETITIONER ON BAIL IN
CR.No.485/2017 OF KUMARASWAMY LAYOUT POLICE
STATION, BENGALURU FOR THE OFFENCE P/U/S
307, 327 AND 363 R/W 149 OF IPC.
CRL.P NO.433/2018
BETWEEN
MUTHU @ CHINNU MUTHU
S/O. JAYARAM, AGED ABOUT
19 YEARS, R/AT 22, 3RD CROSS,
6TH MAIN, MTB AREA,
NEAR NEW HOLY SCHOOL,
MARENAHALLI, JAYANAGAR,
BENGALURU-560011. .. PETITIONER
(By Sri RAMESHA H N, ADVOCATE)
AND
THE STATE OF KARNATAKA
BY KUMARASWAMY LAYOUT
POLICE STATION, REP BY
PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU-560001. .. RESPONDENT
(By Sri K NAGESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING
TO ENLARGE THE PETITIONER ON BAIL IN CRIME
NO.485/2017 OF KUMARASWAMY LAYOUT POLICE
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STATION, BENGALURU CITY FOR THE OFFENCE
P/U/S 307, 327, 363 R/W 149 OF IPC.
THESE CRIMINAL PETITIONS COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Since these two petitions are in respect of same crime number and common questions of law and facts are involved in these two petitions, they are taken up together to dispose of them by this common order in order to avoid repetition of discussion of law and facts.
2. Crl. P No.179/2018 is filed by accused No.4 and Crl. P No.433/2018 is filed by accused No.2. Both these petitions are filed under Section 439 of Cr.PC seeking their release on bail for the offences punishable under Sections 307, 327, 363 read with Section 149 of IPC registered in respondent - police station Crime No.485/2017.
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3. Heard the learned counsel appearing for the petitioners/accused Nos.4 and 2 in respect of both the petitions and also the learned High Court Government Pleader appearing for the respondent - State.
4. I have perused the grounds urged in the bail petition, FIR, complaint and other materials produced in the case.
5. Learned counsel appearing for the petitioners/accused Nos.4 and 2 made submission that the injured has already been discharged from the hospital and his condition is safe. It is also submitted that accused Nos.1 and 3 approached this Court seeking their release on bail. This Court has considered their bail petition and granted bail to them by order dated 12th January, 2018 in Crl.P No.10239/2017. Learned counsel has produced the copy of the order. I have perused the said order and merit of the case has 5 `already been considered by this Court. The petitioners/accused Nos.4 and 2 respectively in these two petitions are also on similar footing as that of accused Nos.1 and 3. They have undertaken to abide by any reasonable conditions to be imposed by this Court. Both the petitions are allowed. The petitioners/accused Nos.4 and 2 are ordered to be released on bail for the offences punishable under Sections 307, 327, 363 read with Section 149 of IPC registered in respondent - police station Crime No.485/2017, subject to the following conditions:
i. Petitioners shall execute a personal bond for a sum of Rs.50,000/- each and furnish one surety for the likesum to the satisfaction of the concerned Court.6
ii. Petitioners shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioners shall appear before the concerned Court regularly.
Sd/-
JUDGE Bkm.