1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17 th DAY OF NOVEMBER 2015 BEFORE THE HON BLE MR. JUSTICE A.V.CHANDRASHEKARA CRIMINAL PETITION No.7191/2015 BETWEEN: HEMANTH @ HEMANTH SINGH S/O BALAJI SINGH, 23 YEARS, R/AT NEAR DODDAMMA TEMPLE, HAROKYATHONAHALLI ROAD, DASANAPURA HOBLI, BANGALORE NORTH TQ. BANGALORE RURAL DIST... PETITIONER (BY SMT.L.BHAGEERATHI FOR SRI.BHOJARAJA, ADV.) AND: STATE BY MADHANAYAKANA HALLI POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560001.... RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE
2 PETITIONER ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.418/2015 OF MADANAYAKANAHALLY P.S., BENGALURU DISTRICT FOR THE OFFENCE P/U/S 448 & 307 R/w 34 OF IPC. THIS CRIMINAL PETITION IS 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- Police. 2. Petitioner is accused No.2 in a case bearing crime No.418/2015 on the file of Madanayakanahally Police Station, Bengaluru. 3. A case is registered for the offences punishable under section 448 & 307 read with Section 34 of IPC. The petitioner is apprehending the arrest at the hands of the respondent-police and approached this court seeking anticipatory bail.
3 4. The case in hands relates to the alleged assault made by Accused Nos.1 and 6 and this petitioner on one Shashank Mishra and causing severe injuries. It is alleged that they assaulted Shashank Mishra on his face with a frying pan on the evening of 03.09.2015 and this petitioner trampled upon him and kicked with his leg on the back and stomach. As a result of which Shashank Mishra fell down and became unconsciousness and the complainant with the help of his cook shifted him to Premier Sanjeevini Hospital for treatment. 5. Learned Government Pleader has vehemently opposed the bail application on the ground that the prima facie case is forthcoming with regard to the attempt made on the life of the injured. 6. Any how, the main allegation is against Accused No.1 since he assaulted the victim with a frying pan and caused grievous injuries.
4 7. Perused the copy of discharge summary issued by Premier Sanjeevini Hospital in which the victim was treated. Injuries were noticed by the doctor around the right eyebrows and cheeks, but injuries were not noticed on any part of the body. No serious overtact is made against this petitioner. 8. Petitioner is a permanent resident of Bengaluru City having roots in the community. He has undertaken to obey any conditions which may be imposed on him. Thus, the apprehension of the learned Government pleader could be suitably met with by imposing proper conditions. 9. Accordingly, petition is allowed and anticipatory bail is granted to the petitioners, subject to the following conditions: (i) Petitioner shall be released on executing a personal bond in a sum of Rs.75,000/-
5 (Rupees Seventy Five Thousand only) with one surety each for the like sum to the satisfaction of the concerned I.O. in the event of his arrest. (ii) Petitioner shall not hold out threats to the prosecution witnesses or lure them in any manner. (iii) Petitioner shall not involve in any criminal activities and shall surrender before the investigating officer on or before 5.12.2015. (iv) Petitioner shall mark his attendance once in a month on every 2 nd Sunday between 9 a.m. to 5 p.m. at the Jurisdictional Police Station without fail till the disposal of the case. (v) If the petitioner violates any one of the conditions, the prosecution is at liberty to seek for cancellation of bail. Sd/- JUDGE Snc