IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR. JUSTICE A.V.CHANDRASHEKARA. CRIMINAL PETITION No.1073/2015

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1 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13 TH DAY OF MARCH 2015 BEFORE THE HON BLE MR. JUSTICE A.V.CHANDRASHEKARA BETWEEN: CRIMINAL PETITION No.1073/ SRI NAGESH AGED ABOUT 35 YEARS S/O KRISHNAPPA R/O KODIKERE VILLAGE THOKUR, JOKATTE POST MANGALURU PACHU AGED ABOUT 22 YEARS S/O BHASKARA BHANDARY R/O HOSAMANE VILLAGE BADAGA YEKKAR POST MANGALURU TALUK PIN CODE PETITIONERS (BY SRI GIRISH D.S., ADVOCATE) AND: STATE OF KARNATAKA BY MANGALURU RURAL POLICE STATION MANGALURU REP. BY STATE PUBLIC PROSECUTOR HIGH COUR BUILDING BENGALURU RESPONDENT (BY SRI B.J.ESHWARAPPA, HCGP)

2 2 THIS CRL.P. IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO RELEASE THE PETITIONERS ON BAIL IN CRIME NO.4/2015 OF MANGALORE RURAL POLICE STATION, MANGALORE, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 324, 307 AND 109 R/W 34 OF IPC. THIS CRL.P. COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:- ORDER Petitioners are accused Nos.1 & 2 in a criminal case bearing crime No.4/2015, on the file of Mangaluru Rural Police Station, registered for the offences punishable under Sections 323, 307 and 109 r/w 34 of IPC. They have been judicial custody since 60 days. Hence, regular bail application is filed under Section 439 of Cr.P.C. 2. Heard the learned Counsel for the petitioners and the learned HCGP. 3. In the remand application dated filed by the police before the concerned Magistrate,

3 3 names of these accused have been shown as accused Nos.1 and 2 and offences alleged against them are punishable under sections 324, 307, 109 read with Section 34 IPC. In the remand application, the police have mentioned that these petitioners have confessed about the alleged attempt made on the life of complainant victim Girish Bhandari on Accused No.3 namely, Mr.Sandeep Poojary has already been released on bail by the Sessions Court at Mangaluru in Crl.Misc.No.62/2015 on Learned Sessions Judge has chosen to reject the bail application of these two petitioners on the ground that they have criminal antecedents and a case registered against them is still pending before Surathkal Police. The offence for which the said case is registered is not forth coming. Now that the similarly placed accused have already been released

4 4 on bail before the Sessions Judge, these petitioners also be granted bail by imposing certain conditions. They are the residents of Mangaluru Taluk, having roots in the community. Thus, the apprehension of the learned Government Pleader could be suitably met with by imposing certain conditions. 4. Accordingly, petition is allowed and bail is granted to the petitioners, subject to the following conditions: a) Petitioners shall be released on bail on executing a personal bond in a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the learned Sessions Judge/JMFC. b) Petitioners shall not tamper or attempt to tamper any of the prosecution witnesses. c) Petitioners shall not hold out threats to the prosecution witnesses or lure them in any manner.

5 5 d) Petitioners shall not involve in any criminal activities. e) Petitioners shall attend the Sessions Court regularly on all dates of hearing and shall co-operate with the learned Sessions Judge to hold the trial. f) Petitioners shall mark their attendance at the Jurisdictional Police Station on every Sunday between 9 a.m. to 5 p.m. for a period of six months from the date of their release or till the date of filing of charge sheet, whichever is earlier, without fail. g) If the petitioners violates any one of the conditions, the prosecution is at liberty to seek for cancellation of bail. Sd/- JUDGE Yn.