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High CourtsSINGLE BENCH(2017) 01 KAR CK 0271

MANJA @ MANJUNATHA S/O LATE BABU vs THE STATE OF KARNATAKA BY YELAWALA POLICE STATION

Karnataka High Court · Decided on 17 January 2017

HON’BLE JUDGES
Rathnakala
RESULT
Allowed
CASE NUMBER
9658 of 2016

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Judgment

12 paragraphs · 324 words
1.

The respondent/Police submitted charge sheet against the petitioner (accused No.1) and 14 others in respect of the offences under Sections 302, 395, 396, 412, 120B and 201 of IPC, in their Crime No.6/2013 dt.5.1.2013.

2.

The allegation is, the accused persons formed unlawful assembly with the common object of committing dacoity at the house of the parents of the complainant, stabbed them and fled away with the cash and gold ornaments. The stolen gold articles are seized from the possession of accused No.13. Overt act is alleged against this petitioner and accused No.7 in stabbing Kamakshamma and accused Nos.2 and 3 in stabbing Kamakshamma''s husband Venkatesh. This petitioner was apprehended in another case in Crime No.17/2013 of the very same respondent/Police and on his disclosure, this case was probed. The weapon allegedly used by this petitioner was seized from his personal possession while he was arrested.

3.

The accused Nos.5, 6 and 8 to 11 are enlarged on bail. The investigation since complete, there is no impediment to allow the petition.

The petition is allowed.

Petitioner is enlarged on bail in Crime No.6/2013 of the respondent-Police, subject to following conditions:

(i) He shall execute a self-bond for a sum of Rs.2,00,000/- with two local sureties for the likesum to the satisfaction of the concerned Court.

The sureties shall produce original title deeds pertaining to their immovable property and also their original identity card/Adhaar Card for perusal of the Court.

The sureties shall not have the previous history of offering surety to the accused persons in any criminal case.

(ii) He shall mark his attendance before the respondent/Police on every Tuesday during office hours for another three months. After completion of three months, he shall mark his attendance on alternate Tuesdays till conclusion of the trial;

(iii) He shall not indulge in criminal activities;

(iv) He shall maintain himself as a law abiding citizen and

(v) He shall not prevail upon the prosecution witnesses.