IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THE 6TH DAY OF AUGUST 2012 :BEFORE:
HON'BLE MR.JUSTICE V.JAGANNATHAN CRIMINAL PETITION NO. 4060/2012 BETWEEN
Aged about 40 years,
R/o Chikkaveeraiana Palya,
(Now in Judicial Custody
(By Sri. Hashmath Pasha, Advocate) AND
State of Karnataka,
By Tumkur Town Police,
(Represented by Learned
State Public Prosecutor)
(By Sri . S. Rajasubramanya Bhat, HCGP) THIS CRIMINAL PETITION FILED UNDER 439 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CR. NO. 148/2011 OF TUMKUR TOWN P.S., TUMKUR, FOR THE OFFENCE P/U/S 143, 144, 302, 144, 201 R/W 149 OF IPC. 2
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORDER
Heard the learned counsel for the petitioner and the learned Government Pleader for the respondent- State in respect of bail sought by the petitioner who is said to be A-2 in Cr.No.148/11 in respect of the offence punishable under Sections 302, 148, 149, 143, 144 of the IPC.
2. Submission of the learned counsel for the petitioner is that, this court has granted bail to A-3 in the very same crime number and the said accused also, it is alleged, has assaulted the deceased with a knife on the neck and other parts of the body. As far as this petitioner is concerned, though the allegation is that, he assaulted with chopper on the left shoulder and chest, there are no corresponding injuries on the body as could be seen from the post mortem report. Therefore, the 3
petitioner be released on bail as he stands in a better footing than A-3.
3. Having thus heard the petitioner's counsel and also the learned Government Pleader for the State and also on a perusal of the post mortem report and nature of injuries caused to the deceased, this petitioner also has to be released on bail in view of grant of bail to A-3 and hence the following order is passed:
1. The petitioner shall be released on bail on his furnishing personal bond for Rs.50,000/- with two sureties for the likesum to the satisfaction of the trial court.
2. He shall not tamper with the evidence and shall not give threat to the witnesses in any manner.
3. He shall not hamper the investigation.
4. He shall mark his attendance before the concerned police station on every Saturday between 10.00 a.m. and 5.00 p.m.
5. He shall not involve in like offence in future. 4
6. He shall appear before the court on all dates of hearing regularly.
If any one of the above conditions is violated, bail will be cancelled at the request of the State. Sd/-