High CourtsSingle Bench(2011) 01 KAR CK 0137

Mohan Kumar vs State

Karnataka High Court · Decided on 20 January 2011

HON’BLE JUDGES
V. Jagannathan, J
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 163 of 2011

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Judgment

6 paragraphs · 390 words

V. Jagannathan, J.—Heard both sides in respect of the petition filed seeking grant of bail (by mistake mentioned as 438 petition in the petition) following a case being registered against six accused persons in Crime No. 191/2010 by the Mandya West Police for the offences punishable under Sections 120B, 109 read with Section 34 of the I.P.C. and Sections 25(1)(a), 26(1) and 29 of the Indian Arms Act, 1959.

2.

The complaint allegations, in short, are that, A-1 wanted to take away the life of one Ashok Pai as the said Ashok Pai was the witness for the case involving the death of one Nagendra. Therefore, A-1 wanted to take the help of A-2 to A-4 to see that Ashok Pai is killed and pursuant to the said plan, A-4 gave Rs. 50,000/- to A-2 and A-3 and they went and brought a revolver, which was kept in the house of A-3. Based on the voluntary statement of A-3, the police came to unearth the entire plan hatched by the accused persons.

3.

Having regard to the aforesaid complaint allegations and the submission being made that A-2 and A-4 are on bail inasmuch as A-2 was given bail by the trial court and A-4 by this Court in my view, this Petitioner, who is also said to be one of the persons to the plan hatched by A-1, will have to be granted bail on the same footing and the only difference being that the revolver was said to be found in the house of A-3.

4.

Having thus heard both sides and taking note of the offences alleged and bail being given earlier to A-2 and A-4, fins petition also requires to be allowed in the interest of justice.

5.

Accordingly, I pass the following order:

The petition is allowed and the Petitioner shall be released on bail on his executing a personal bond for Rs. 25,000/- with two sureties for the like sum to the satisfaction of the trial court. The Petitioner shall not tamper with the evidence and shall not give threat to the witnesses. He shall attend the court regularly and shall not involve himself in the offence of like nature in future. He shall also mark his attendance before the jurisdictional police station on every Saturday at any time between 10.00 a.m. and 5.00 p.m.