OF KARNATAKA AT BENGALURU DATED THIS THE 24 TH DAY OF JULY v. R COLLEGE, NEAR TWINKLE BRIDGE
Case at a glance
- Bench
- M G UMA
- Neutral citation
- 2024:KHC:29040
Outcome
Allowed
The petition is allowed
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Indian Penal Code, 1860 ss. 34, 307, 353
Key paragraphs
- Para 88. Accordingly, I answer the above point in the affirmative and proceed to pass the following: ORDER The petition is allowed. The petitioner is ordered to be enlarged on bail in Crime No. 75/2024 of Mulbagal Rural Police Station, on obtaining the bond in a…
Judgment
(BY SRI. GANGADHAR K., ADVOCATE) AND: THE STATE BY MULBAGAL RURAL PS REP. BY STATE PUBLIC PROSECUTOR, BANGALORE HIGH COURT BUILDINGS, BANGALORE-560 001 (BY SMT. K.P. YASHODHA, HCGP) …PETITIONER …RESPONDENT PETITIONER/ACCUSED NO.1 ON BAIL THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO IN ENLARGE THE CR.NO.75/2024 OF MULBAGAL RURAL POLICE STATION, PENDING ON THE FILE OF HONBLE CIVIL JUDGE (SR.DN.) AND CJM COURT AT MULABAGAL, KOLAR DISTRICT, FOR THE OFFENCE P/U/S 353, 307 R/W SEC. 34 OF IPC, 1860. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA L Location: High Court of Karnataka - 2 - NC: 2024:KHC:29040 CRL.P No. 6822 of 2024 ORAL ORDER (PER: HON'BLE MRS JUSTICE M G UMA) The petitioner-accused No.1 is before this Court seeking grant of bail under Section 439 of Cr.P.C., in Crime No.75/2024 of Mulabagal Rural Police Station, pending on the file of the learned Civil Judge (Sr.Dn.) and CJM Court, Mulabagal, Kolar District, registered for the offences punishable under Sections 353 and 307 read with Section 34 of the Indian Penal Code (for short 'IPC') on the basis of the first information lodged by the informant-Kumari Bharathi (WPSI).
Heard Sri. Gangadhar K, learned counsel for the petitioner and Smt. K.P.Yashodha, learned High Court Government Pleader for respondent -State. Perused the materials on record.
In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: “Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?” - 3 - NC: 2024:KHC:29040 CRL.P No. 6822 of 2024 My answer to the above point is in ‘Affirmative’ for the following: R E A S O N S
The petitioner being accused No.1 is seeking grant of bail. He was apprehended on 30.05.2024 and since then, he is in judicial custody.
Initially, Cr.No.142/2024 was registered against the petitioner and others and informant in the present case undertook investigation. It is stated that the informant being the woman PSI apprehended the petitioner in Cr.No.142/2024. The petitioner said to have committed the offence by assaulting the informant with sharp edged weapon and caused bleeding injuries. The petitioner was shot at his leg from the service revolver and was apprehended on 12.04.2024.
It is stated that the petitioner was granted bail by the learned Sessions Judge on 28.05.2024. He was released from the prison on 30.05.2024. Immediately, he was taken into custody in the present case.
It is pertinent to note that the petitioner was in custody from 15.04.2024, till date. The wound certificate of the - 4 - NC: 2024:KHC:29040 CRL.P No. 6822 of 2024 injured-informant discloses that she has sustained multiple scratch abrasions over front of right forearm which is simple in nature. Considering all these facts and circumstances, I am of the opinion that the petitioner is entitled to be enlarged on bail subject to conditions, which will take care of the interest of the prosecution.
Operative part
Accordingly, I answer the above point in the affirmative and proceed to pass the following: ORDER The petition is allowed. The petitioner is ordered to be enlarged on bail in Crime No. 75/2024 of Mulbagal Rural Police Station, on obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like sum to the satisfaction of the jurisdictional Court, subject to the following conditions: a). The petitioner shall not commit similar offences. b). The petitioner shall not threaten or tamper with the prosecution witnesses. c). The petitioner shall appear before the Court as and when required. - 5 - NC: 2024:KHC:29040 CRL.P No. 6822 of 2024 If in case, the petitioner violates any of the conditions as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail. On furnishing the sureties by the petitioner, the Trial Court is at liberty to direct the Investigating Officer to verify the correctness of the address and authenticity of the documents furnished by the petitioner and the sureties and a report may be called for in that regard, which is to be submitted by the Investigating Officer within 5 days. The Trial Court on satisfaction, may proceed to accept the sureties for the purpose of releasing the petitioner on bail. Sd/- (M G UMA) JUDGE JS List No.: 1 Sl No.: 16
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The petition is allowed
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439; Indian Penal Code, 1860 — ss. 34, 307, 353.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.