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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF AUGUST, 2021

BEFORE

THE HON9BLE MRS.JUSTICE M.G.UMA

CRIMINAL PETITION NO.3804 OF 2021

BETWEEN :

BHAKSHI S/O ABDUL SIKHANDAR,

AGED ABOUT 26 YEARS,

R/AT. 1^ST CROSS, MUZAWAR MOHALLA,

ARASIKERE TOWN,

ARASIKERE 3 573 103.

&PETITIONER

(BY SRI.SATHISHA D.J., ADVOCATE)

AND :

STATE BY TOWN POLICE STATION

ARASIKERE,

ARASIKERE 3 573 103,

REP. BY SPECIAL PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

AT BENGALURU 3 560 001.

& RESPONDENT

(BY SRI.K.S.ABHIJITH, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION

438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON

BAIL IN THE EVENT OF HIS ARREST IN CR.NO.121/2020

REGISTERED

BY

ARASIKERE

TOWN

POLICE

STATION,

HASSAN DISTRICT, FOR THE OFFENCE P/U/S 506, 341, 504,

307, 323, 324 R/W 34 OF IPC.

THIS CRIMINAL PETITION COMING ON FOR ORDERS

THIS DAY, THE COURT MADE THE FOLLOWING:-

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O R D E R

The petitioner-accused No.1 is before this Court seeking

grant of anticipatory bail in Crime No.121/2020 of Arasikere

Town Police Station, Hassan District, registered for the

offences punishable under Sections 506, 341, 504, 307, 323,

324 R/w 34 of the Indian Penal Code (for short 'IPC').

2.

Heard Sri.Sathisha D.J., learned Counsel for the

petitioner

and

Sri.K.S.Abhijith,

learned

HCGP

for

the

respondent -State. Perused the materials on record.

3.

Learned Counsel for the petitioner submitted that

the petitioner is arrayed as accused No.1. He is innocent and

law abiding citizen. He has not committed any offence as

alleged. He has been falsely implicated in the matter without

any basis. It is stated that the petitioner has committed the

offences punishable under Sections 506, 341, 504, 307, 323,

324, R/w 34 of IPC. There is absolutely no material to

constitute these offences. The wound certificate related to

the injured discloses that the injured has sustained simple

injuries. Accused No.2 is already granted anticipatory bail.

Now the charge sheet is filed and the present petitioner is also

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entitled for grant of anticipatory bail on the ground of parity.

He further submits that the present petitioner undertakes to

appear before the Investigating Officer and co-operate with

the investigation. Even though it is stated that the petitioner

is having criminal antecedents, in Crime No.108/19 he is

already acquitted, Crime No.82/18 is quashed by this Court in

Crl.P.No.4132/2018 vide order dated 07.06.2018, in Crime

No.50/2016 and Crime No.115/2017 he is on bail. Under

such circumstances, petitioner may be granted anticipatory

bail subject to conditions. The petitioner is the permanent

resident of the address mentioned in the cause title to the

petition and he is ready and willing to abide by any of the

conditions that would be imposed by this Court. Hence, he

prays to allow the petition in the interest of justice.

4.

Per contra, learned High Court Government

Pleader

opposing

the

petition

submitted

that

serious

allegations are made against the petitioner for having

committed the offences. He submits that the present

petitioner

is

having

criminal

antecedents,

which

are

mentioned in the order passed by the learned Principal District

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and Sessions Judge, Hassan, while rejecting similar petition

for grant of anticipatory bail. Looking to the conduct of the

petitioner, he is not entitled for grant of anticipatory bail.

Hence, he prays for dismissal of the petition

5.

In view of the rival contentions urged by learned

counsel for both the parties, t