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High CourtsSingle Bench(2012) 04 KAR CK 0138

Devaraju vs Represented by K.R.S. Police, Mandya District

Karnataka High Court · Decided on 27 April 2012

HON’BLE JUDGES
H.S. Kempanna, J
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 2180 of 2012

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Judgment

9 paragraphs · 374 words

H.S. Kempanna

1.

The petitioner who is arrayed as accused No. 3 in S.C. No. 138/2006, on the file of the Presiding Officer, Fast Trade Court at Mandya is soaking for interim bail for a period of 15 days on the ground that, he being lone responsible member of the family has to perform the marriage of his two sisters scheduled to be celebrated on 8th and 9th of May 2012. The petitioner along with 13 others are facing trial before the learned Sessions Judge on charges for offence punishable under Section- 144, 143, 147, 148, 302 r/w. 149 of I.R.C.

2.

It is submitted by the learned counsel for the petitioner that, the case before the learned Session Judge is at the stage of recording of statement of the accused u/s - 313. In the meantime, the marriage of his two sisters has been scheduled to be held on 8th and 9th of May 2012. As there are no responsible persons in the family to perform the marriage, the petitioner in the facts and circumstances be released on interim bail for a period of 15 days.

3.

The learned High Court Government Pleader, submitted that having regard to the circumstances pleaded and as the case is set is set-down for recording statement of the accused u/s - 313, Cr.P.C. the court may proceed to pass appropriate orders as it deems fit.

Having regard to the circumstances pleaded, submission made by the counsel for petitioner and taking into consideration that the case is set-down for recording statement of the accused u/s - 313, and as he has to perform the marriage of his two sisters. I do not find any reason to decline the request of the petitioner. Accordingly, I proceed to pass the following order:

i. The petition is allowed.

ii. The petitioner is ordered to be released on interim bail for a period of 15 days on his executing a personal bond in a sum of Rs. .30,000/-, with two sureties for the likesum to the satisfaction of the trial Court, subject to the following conditions:

(a) The petitioner shall be released on interim bail w.e.f. 03.05.2012 to 16.05.2012.

(b) The petitioner shall surrender before the trial Court on or before 16.05.2012.