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Showing contexts for: INTERIM BAIL APPLICATION in Kuldeep vs The State Of Karnataka on 19 January, 2023Matching Fragments
In this regard, it is seen that, the police officer has not followed the guidelines of Hon'ble Supreme Court at the time of arrest of the accused, that too for the offence punishable under Section 447 and 379 of IPC which are punishable up to 3 years.
Issue intimation to his higher authority to take necessary action against the Police Officer for violation of the personal liberty of the accused.
Sri S.P.C. Advocate seeks permission to take signature of accused to the Vakalath, permission granted. After obtaining the signature of the accused, the learned counsel files bail application U/s 437 of Cr.P.C. along with interim bail application filed U/s 437(1) of Cr.P.C., Memo with 3 copies of documents are produced herewith.
The learned APP opposed for the granting of interim bail application orally.
Heard and orders.
The learned counsel for accused has filed interim bail application by stating that the accused has not committed any offence as alleged by the police. He is permanent resident of Puthila Village of Belthangady Taluk. He has just enrolled at Karnataka Advocate's Welfare Fund Trust, Bangalore on 2-11-2022. He is law abiding citizen. The accused and complainant had civil dispute. In that aspect the accused filed an original suit before Civil Judge at Bantwala as per O.S.No.291 of 2022 not to block the road way and Court had granted the ex-parte injunction against the complainant. In the above case the police were completed the Mahazar etc., the offence is not punishable with death or life imprisonment. The accused undertakes to obey any of the conditions which the Hon'ble Court may impose on him for granting bail. The accused is ready to offer solvent surety as per the order of the Hon'ble court.
Having considering the facts and circumstances of the case on hand, it is necessary to grant interim order in respect of interim bail application. Hence, the said application is hereby allowed subject to following conditions:
1. The accused shall execute his personal bond for a sum of Rs.50,000/- with a surety for like sum.
2. He shall appear before the court whenever he is directed to do so.
Surety by name Sri Kunhanna Shetty, S/o Babu Shetty, Aged about 55 years, R/at Bedrady House, Puthila Village, Belthangady Taluk, D.K. District is present and ready to stand as surety to accused. Further surety filed affidavit and offered documents with regard to his landed property bearing Sy.No.44/1 measuring 0.09 acres of Puthila Village, Belthangady Taluk, D.K., market value of the said property is more than Rs.10,00,000/- and copy of RTC and his Aadhaar Card is produced. Further surety undertakes to present the accused before this court on all dates of hearing without fail. Heard, perused the surety affidavit and documents.