Jeeva & Anr. vs State of Karnataka

This petition is filed by the petitioners/accused Nos.1 and 3 under Section 439 of Cr.P.C. seeking their release on bail for the offences

punishable under Sections 363, 327, 307 r/w Section 149 of IPC registered in respondent - police station Crime No.485/2017.

The prosecution case in brief as mentioned in the complaint is that complainant is eking his livelihood by working as van driver to Prarthana

school. On the date of incident, he picked up the school children and after dropping them to their houses in order to return to his house proceeding

through Chandranagar pipeline, ISRO layout in Maruti Omni van bearing No.KA 04 M 4228 and proceeded in front of Balamuri Ganapathi

temple. At that time, the rider of the DIO vehicle came from opposite direction and dashed to the vehicle of the complainant. The said rider picked

up quarrel. The complainant stated that he would provide treatment, but the rider forced the complainant to accompany him in his vehicle. By that

time two persons came in another Dio vehicle and pulled the complainant and forcibly kidnapped him from the said place and driven the two

wheeler towards ISRO layout and proceeded through Pipeline road in a rash and negligent manner and stopped near Kaverinagar burial ground,

forced the complainant to climb the compound wall and pushed the complainant and 4-5 persons came to the said place, assaulted the complainant

with hands, kicked him with legs and demanded money of Rs.10,000/-. When the complainant stated that he has no money, one of them pelted

stone towards the complainant. Hence, he sustained injury. On the basis of the said complaint case was registered for the above said offences.

Heard the arguments of the learned counsel appearing for the petitioners/accused Nos.1 and 3 and also the learned High Court Government

Pleader appearing for the respondent-State.

During the course of hearing of the petition, learned counsel for the petitioners produced the wound certificate in respect of the complainant

wherein it is stated that injuries sustained by him are simple in nature. It is also submitted that injured has been already discharged from the hospital.

One of the major offence is under Section 307 of IPC, though it is non bailable but not exclusively punishable with death or imprisonment for life.

The petitioners have contended in the petition that they are innocent and not committed the alleged offences. They have undertaken to abide by any

conditions to be imposed by this Court. Hence, I am of the opinion that petitioners can be granted with bail.

Accordingly, petition is allowed. Petitioners/accused Nos.1 and 3 are ordered to be released on bail for the offence punishable under Sections

363, 327, 307 r/w Section 149 of IPC registered in respondent - police station Crime No.485/2017, subject to the following conditions:

i. Petitioners shall execute a personal bond for a sum of Rs.50,000/- each and furnish one surety for the likesum to the satisfaction of the

concerned Court.

ii. Petitioners shall not tamper with any of the prosecution witnesses, directly or indirectly.

iii. Petitioners shall appear before the concerned Court regularly.