Likith Kumar vs State of Karnataka

A.V. Chandrashekara, J.—Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.

Petitioner is accused No. 5 in Crime No. 66/2014 on the file of the Avalahalli Police Station, Bangalore Rural District, for offences punishable under Sections 143, 147, 148, 341, 504, 506, 324, 307 read with Section 149 of I.P.C. Applicant is stated to be studying in first year engineer course in M.V.J. Engineers College at Whitefield. It is submitted that the petitioner has internal exams commencing from next week and if he is not able to attend the same, it will have adverse effect on his future education and prospects.

Learned counsel for the petitioner submitted that the victim Muniyappa, who is stated to have sustained injuries is already discharged from the Hospital on 7-4-2014. Perused the discharge summary of Muniyappa issued by the Bowring and Lady Curzon Hospitals. As could be seen from the discharge summary that Muniyappa had sustained several fractures and had been admitted on 13-3-2014 and discharged on 7-4-2014 only. He was hospitalized for twenty-seven days having sustained several injuries inclusive of few fractures on the forearm and malleosus.

This bail application is considered only on the ground that the petitioner is studying in Engineer College and if bail application is rejected, there will be adverse effect on his future education. In this view of the matter, the petitioner is ordered to be released on bail, subject to certain conditions as he is apprehending his arrest at the hands of respondent-Police. It is also made clear releasing u/s 438 of Cr.P.C. will not come in the way of the learned Sessions Judge in considering the bail application that may be filed u/s 438 or 439 of Cr.P.C. by other accused before the Court of Sessions being uninfluenced by this order.

(i) Petition is allowed;

(ii) Petitioner is ordered to be released on bail on executing a personal bond for a sum of Rs. 50,000/-(Rupees fifty thousand only) for the likesum to the satisfaction of the Investigating Officer, in the event of his arrest;

(iii) Petitioner shall not hold any threats to the prosecution witnesses in any manner; and

(iv) Petitioner shall co-operate with the Investigating Officer in conducting further investigation.

All other interlocutory applications are dismissed in view of the main petition being considered.