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2024 Supreme(Online)(Kar) 40517

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2024 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL PETITION NO.5660 OF 2024 BETWEEN:

1. CHANDAN S/O CHIKKAIDEGOWDA, AGED ABOUT 27 YEARS, OCCUPATION: AGRICULTURE

2. CHIKKAIDEGOWDA S/O LATE KARIGOWDA, AGED ABOUT 61 YEARS, OCCUPATION: AGRICULTURE

3. SANTOSH S/O CHIKKAIDEGOWDA, Digitally signed AGED ABOUT 25 YEARS, by DEVIKA M OCCUPATION: AGRICULTURE Location: HIGH COURT OF KARNATAKA

4. NIRANJAN P C S/O CHIKKAIDEGOWDA, AGED ABOUT 21 YEARS, OCCUPATION: AGRICULTURE ALL ARE R/O SOGALAPALYA VILLAGE, V PURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT - 562138 …PETITIONERS (BY SRI JAI PRAKASH REDDY M, ADVOCATE)

AND:

STATE OF KARNATAKA BY AKKUR POLICE STATION, RAMANAGARA DISTRICT, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE 560001 …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP)

THIS CRL.P IS FILED U/S 438 CR.PC PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN EVENT OF THEIR ARREST IN RESPECT OF CR.NO.79/2023 REGISTERED IN AKKUR POLICE STATION, RAMANAGARA DISTRICT, FOR THE OFFENCE P/U/S 323, 324, 341, 504, 506, 307 R/W 34 OF IPC AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

Heard the learned counsel appearing for the respective parties.

2. This Court, on the previous date of hearing, directed to produce the chare sheet summary of the case. Today, the Additional SPP produced the memo along with the medical records of victims who were inpatients at KIMS hospital and injured Puttaswami was hospitalised from 21.03.2022 to 29.03.2022 and other injured Jayamma was hospitalised from 21.03.2022 to 30.03.2022 and the medical records of the victims show that both of them are out of danger. Earlier, this Court granted anticipatory bail in favour of the petitioner No.1/accused No.1 in Crl.P.No.9552/2022 at crime stage. Now, the records show that by filing the charge sheet, offence under Section 307 of IPC is invoked against these petitioners. Having taken note of the medical records it discloses that the victims are out of danger and they have been discharged from the hospital. Under such circumstances, it is a fit case to exercise the discretion under Section 438 of Cr.P.C in favour of the petitioners.

3. In view of the discussions made above, I pass the following:

ORDER

The bail petition is allowed. Consequently, the petitioners/accused Nos.1 to 4 shall be released on bail in the event of their arrest in connection with Crime No.79/2022 registered by Akkur Police Station, Channapatna, for the offences punishable under Sections 323, 324, 341, 504, 506, 307 read with Section 34 of IPC, subject to the following conditions:-

(i) The petitioners shall surrender themselves before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties each for the like-sum to the satisfaction of the concerned Investigating Officer.

(ii) The petitioners shall not indulge in tampering the prosecution witnesses.

(iii) The petitioners shall not leave the jurisdiction of the Court without prior permission till the disposal of the case.

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