BANDI RAMESH S/O LATE BANDE HANUMANTAPPA Vs STATE OF KARNATAKA

This is the petition filed by petitioners-accused under

Section 439 of the Cr.P.C., seeking to release them on bail

of the alleged offence punishable under Sections 143, 147,

148, 323, 324, 307 and 504 r/w Section 149 of I.P.C.

registered in respondent-police station Crime No.13/2017.

Heard the arguments of learned counsel

appearing for the petitioners and learned High Court Govt.

Pleader for respondent-state.

Brief facts of the prosecution case that,

complainant filed complaint making allegations that on

21.01.2017 at about 10.00 p.m. when the complainant

was standing infront of his house along with his son Kalyan

at that time all the accused persons came by group in

Innova Car and taken his son in a car and after the

complainant along with his brother Jagadish have followed

the accused. Further allegation all the accused taken the

complainant''s son near water tank and all of them

assaulted him by chopper and sticks thereafter the

complainant and his brother pacified the quarrel and taken

the victim to the hospital for treatment. Both the sides

during the course of arguments made the submission that

injured has been already discharged from the hospital. So

this itself goes to show that the life of the injured is out of

danger. Though the alleged offences under Section 307 is

non-bailable offence, but it is not exclusively punishable

with death or life imprisonment.

It is the contention of learned High Court Govt.

Pleader that there are many criminal cases pending

against the petitioner No.1 so also in respect of other

petitioners. In this regard learned counsel appearing for

the petitioners filed memo today giving the details of the

result of the cases and he made the submission that out of

19 cases in 17 cases he has already been acquitted, only

one case is pending. Hence, it is their contention that only

on that basis the request for release of the petitioner

cannot be rejected. They have undertaken that petitioners

will abide by any reasonable conditions to be imposed by

the Court and they are assisting the investigation as and

when required. Hence, petition is allowed.

Petitioners-accused are ordered to be released

on bail. The respondent-police are hereby directed to

enlarge the petitioners-accused on bail in the event of

their arrest1 for the alleged offence punishable under

Sections 143, 147, 148, 323, 324, 307, 363 and 504 r/w

Section 149 of I.P.C. registered in respondent-police

station Crime No.13/ 2017, subject to the following

conditions:

a. Petitioners shall execute a personal bond for a sum of Rs.50,000/- each with one solvent surety for the likesum to the satisfaction of *concerned Court*

Deleted vide court order Dated 11.04.2017. *Corrected vide court order dated 11.04.2017.

Sd/- JUDGE

b. Petitioners shall not tamper with the prosecution witnesses directly or indirectly. c. Petitioners shall appear before the concerned Investigating Officer as and when called for investigation. d. Petitioners to appear before the concerned Court regularly.