Full Judgment
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF FEBRUARY, 2024 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1193 OF 2024 BETWEEN: DARSHAN @ ROCKET @ RAMKUMAR, S/O VENKATESH, AGED ABOUT 20 YEARS, R/AT NO. 290, 1ST CROSS, NEW KAVIKA LAYOUT, BAPUJINAGAR, MYSORE ROAD, BENGALURU - 560 026. …PETITIONER (BY SRI. DEENABANDHU RAI N., ADVOCATE) AND: THE STATE OF KARNATAKA BY VIJAYANAGARA POLICE STATION Digitally signed by V KRISHNA NOW REPRESENTED BY Location: High STATE PUBLIC PROSECUTOR Court of Karnataka HIGH COURT OF KARNATAKA HIGH COURT COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.10/2024 OF VIJAYANAGAR P.S., BENGALURU CITY FOR THE OFFENCE P/U/S -2- 307,504,506 R/W 34 OF IPC AND SEC.25 1(B) (b) OF ARMS ACT ON THE FILE OF THE 24TH A.C.M.M BENGALURU THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner/accused No.2 in crime No.10/2024 of Vijayanagar Police Station, Bengaluru City registered for the offence punishable under Sections 307, 504, 506 r/w Section 34 of IPC and Section 25-1(B)(b) of ARMS Act, 1959, has preferred this petition under Section 439 of Cr.P.C praying to enlarge him on bail.
2. Heard both the sides and perused the material on record.
3. The complaint is lodged by Smt. Shashikala.M w/o
the injured by name Sunil.B. It is alleged that on 07.01.2024 at about 11.20 p.m., accused Nos.1 and 2 came near the house of the complainant and started to abuse her and her husband Sunil. When they were asked as to why they are causing nuisance, they told the -3- complainant to secure her husband to the spot. Immediately the complainant called her husband over phone. At about 11.30 p.m., when her husband came near the slum quarters, all the accused abused and assaulted him with long etc., with an attempt to take away his life.
4. In connection with the very same incident which took place on 07.01.2024 at about 11.30 p.m., in front of the slum quarters, Hosahalli a case is registered against
the Sunil and three others in crime No.6/2024 of Vijayanagara Police Station for the offence punishable under Section 307, 504, 506 r/w Section 34 of IPC. The said case was registered on 08.01.2024 and subsequently on 09.01.2024 the present case was registered in crime No.10/2024.
5. There is a case and counter case. In the complaint
lodged by the wife of the injured, it is alleged that, one Muniraju, Vishwa and Pawan have assaulted accused No.1 and Girish Naik and when accused No.2 tried to assault -4- complainant's husband with a long, her husband Sunil and his friends assaulted him with clubs etc.,
6. Learned HCGP submitted that the complainant's husband namely Sunil has not taken any treatment in the hospital. He submits that a long has been recovered at the instance of the petitioner.
7. Petitioner was arrested on 09.01.2024. He is not
required for further interrogation. He has undertaken to furnish adequate surety to ensure his presence before the Trial Court. By imposing conditions, petitioner can be released on bail. Hence, the following:-
ORDER
Petition is allowed. Petitioner/accused No.2 is directed to be released on bail in Crime No.10/2024 of Vijayanagar Police Station, registered for the offence punishable under Section 307, 504, 506 r/w Section 34 of IPC and Section 25-1(B)(b) of the ARMS Act, 1959., subject to following conditions: -5- a) Petitioner shall execute a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. b) He shall furnish proof of his residential address and shall inform the Investigation Officer/Court, if there is any change in the address. c) He shall not tamper with the prosecution witnesses/evidence either directly or indirectly. d) He shall appear before the trial Court on all dates of hearing without fail. Sd/- JUDGE VS List No.: 1 Sl No.: 36 CT:SNN