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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF SEPTEMBER, 2018

BEFORE

THE HON’BLE MR. JUSTICE B.A. PATIL

CRIMINAL PETITION NO.5239/2018

Between:

Sri.Bharath

S/o Shivanna,

Aged about 32 years,

Residing at No.107, Nandini Extension,

T.Narasipura Main Road,

Mysuru-570004. …Petitioner

(By Sri.C.Rajanna, Advocate)

And:

State of Karnataka,

By K.R.Police Station,

Mysuru City

Represented by its P.P.,

High Court Building,

Bengaluru-01

…Respondent

(By Sri.M.Diwakar Maddur, 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.91/2018 of Krishnaraja P.S.

Mysore District for the offence P/U/S 143, 144, 148, 323,

324, 307, 504, 506 r/w 149 of IPC.

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This Criminal Petition coming on for Orders, this

day, the Court made the following:

ORDER

The present petition has been filed by the petitioner-

accused No.8 under Section 438 of Cr.PC praying to

release him on anticipatory bail in the event of his arrest

in Crime No.91/2018 of Krishnaraja Police Station at

Mysuru District for the offences punishable under Section

143, 144, 148, 323, 324, 307, 504, 506 read with 149 of

IPC.

2.

I have heard the learned counsel for the

petitioner/accused

and

the

learned

High

Court

Government Pleader for the Respondent-State.

3.

Gist of the complaint is that on 13.06.2018 at

about 12.30 pm, when the complainant went to the house

of one Gunda to distribute the wedding card of his sister,

the said Gunda disclosed about the galata that took place

between him and one Prakash. At that time, one Bharath

came near the house of Gunda and called him to come out

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as the said Prakash wanted to talk to him. When he and

Gunda went near Eshwara Rayara Garadi at about 12.45

pm, the said Prakash questioned Gunda about previous

galata. When the complainant asked as to why they were

making galata with Gunda, one Seena abused him in

filthy language and with an intention to kill him, dropped

a size stone on his left shoulder and fisted on his nose. As

a result, blood started oozing from his nose and he fell

down. Then the petitioner and other persons who

assembled there kicked him with hands and fisted him all

over the body. At that time, the said Gunda and Chandru

pacified the galata and the accused by giving life threats to

him fled away from the said place. On the basis of this

complaint, the case was registered against the petitioner.

4.

It is the contention of learned counsel for the

petitioner that the petitioner has only assaulted with

hands and has kicked with legs and is a stranger to the

alleged incident. He has further submitted that it is other

accused persons who dropped a size stone and caused

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grievous injuries and the injured who was admitted in

Vaatsalya hospital, got discharged and he is now out of

danger. He further submitted that, the offence alleged

against the accused/petitioner is not punishable with

death or imprisonment for life and the petitioner/accused

is not required for the purpose of further investigation and

he is ready to abide by the conditions imposed by this

Court and ready to offer sureties for his appearance before

the Court. On these grounds, he prays to allow the

petition and release the petitioner on anticipatory bail.

5.

Per contra, Sri M.Diwakar Maddur, learned

High Court Government Pleader vehemently argued and

submitted that the accused/petitioner, including other

accused persons, are closely associated with each other

and accused Nos. 2 to 5 are having criminal background

and accused/petitioner is an associate of them. According

to the learned counsel, the act which has been done by

other accused persons has caused serious injuries to the

injured. He further submitted