KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 5t DAY OF APRIL v. JAGANNATHAN CRIMINAL PETITION NO.10448/2011 BETWEEN
Case at a glance
Outcome
Allowed
The petition is allowed subject
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Indian Penal Code, 1860 s. 149
- Karnataka Excise Act ss. 32, 34
Key paragraphs
- Para 44. Having thus heard both sides and taking note of the fact that this Court has released other accused persons on bail in Criminal Petitions No.10446/2011 and 10415/2011, in my view this petitioner can also be released on bail on similar terms and conditions. Hence…
Judgment
(By Sri. Santosh B, Malagoudar, Adv.) AND: The State of Karnataka Through CPI, Marihal Police Station Represented by its SPP SPP Office, Circuit Bench, Dharwad (By Sri. Vinavak S. Kulkarni, HCGP) PETITIONER RESPONDENT THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. SEEKING TO ENLARGE THE PETITIONER ON BAIL INMARIHAL P.S. CRIME NO.22/2011 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 353, 332, 307 R/W SECTION 149 OF IPC AND SECTIONS 32, 34 OF KARNATAKA EXCISE ACT. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Heard the petitioner’s Counsel and the learned High Court Government Pleader for the respondent- State in respect of bail sought by the petitioners in connection with case being registered against them and others in Crime No.22/2011 in respect of the offences punishable under Sections 143, 147, 148, 353, 332, 307 R/w Section 149 of IPC and Sections 32 and 34 of the Karnataka Excise Act.
Submission made by the petitioners’ Counsel is that though the name of the petitioner is not found in the FIR, they have been roped in by the police and moreover, the other accused who are similarly placed having been released on bail, the present petitioner also be granted bail.
The learned High Court Government Pleader opposes the grant of bail on the ground that about 30- 50 persons attacked on police and Excise Inspector when they had gone to manufacturing units of illicit liquor to destroy them.
Operative part
Having thus heard both sides and taking note of the fact that this Court has released other accused persons on bail in Criminal Petitions No.10446/2011 and 10415/2011, in my view this petitioner can also be released on bail on similar terms and conditions. Hence I pass the following order: ORDER The petition is allowed subject to the following conditions: i) Petitioner shall be released on bail on executing a personal Rs.25,000/- with two sureties for like sum to the satisfaction of the trial court. 4 ii) Petitioner shall not tamper with the evidence and shall not give threat to the prosecution witnesses in any manner. iii) Petitioner shall mark attendance before the jurisdictional police station on every Sunday between 10.00 a.m and 5.00 p.m. iv) Petitioner shall not involve himself in like offences in future. v) Petitioner shall not leave their place without permission jurisdictional Magistrate. gab/ Sd&
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The petition is allowed subject
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439; Indian Penal Code, 1860 — s. 149; Karnataka Excise Act — ss. 32, 34.
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.