High CourtsSingle Bench(2011) 12 KAR CK 0217

Mr. Ashok Kumar @ Ashok vs The State

Karnataka High Court · Decided on 5 December 2011

HON’BLE JUDGES
B.V. Pinto, J
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 6125 of 2011

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Judgment

10 paragraphs · 426 words

B.V. Pinto

1.

All the three petitions arise out of same crime number, hence taken up together for disposal.

2.

These petitions are filed seeking bail in Crime No. 319/2011 of Madanayakanahalli police station registered on 22.08:2011 for the offences punishable U/s. 143, 147, 307, 504 r/w Sec 149 of IPC.

3.

Petitioner in Crl.P.6091/2011 is Accused No. 3, petitioner in Crl.P.6005/2011 is Accused No. 4 and petitioner in Crl.P. No. 6125/2011 is Accused No. 5. It is the case of the prosecution that, on 22.08.2011 at about 5.30 p.m., when the complainant by name Rajesh, was going in his vehicle between Mahalingappa Layout, within the jurisdiction of Madanayakanaballi police station, some persons suddenly came across the car and all of them assaulted the compliant by means of long on the ground that, complainant was asking for a way. The complainant is injured on his right hand and sustained injuries to four of his fingers. Another person assaulted on the back of the complainant and the complainant sustained injuries on backside of the neck. When the complainant raised voice, passers by gathered and the assailants escaped in their motor cycle. However, two motor cycles were left on the spot Thereafter, injured was shifted to the hospital.

4.

Heard Sri. Keshvamurthy, Learned Counsel for the petitioner in Crl.P.6125/2011, Sri. C. Rajanna, Learned Counsel for the petitioner in Crl.P.6091/2011 and Sri. Puttaraju, Learned Counsel for the petitioner in Crl.P.6005/2011 and Sri. Vijaykumar Majage, learned HCGP for the State/Respondent.

5.

It is submitted by Learned Counsel for the petitioners that, injured is out of danger and there is no motive for the incident. However, the complainant has stated that, complainant asked for a way to go ahead and that the petitioners have assaulted.

6.

The learned HCGP on the other hand submits that, accused No. 3 has assaulted with chopper and injuries are grievous in nature. He further submits that, chopper has been seized at the instance of Accused No. 3.

7.

Having regard to the nature of the offence and that there are no other cases pending against the petitioners, I am (sic) to grant bail to the petitioners.

8.

Accordingly, the petitions are allowed. The petitioners are directed to be released on bail on each of them executing a personal bond for Rs. 25,000/- (Rupees Twenty Five Thousand only) with one surety for the like sum to the satisfaction of the Court below and subject to following condition:

i) The petitioners shall appear before the police station once in a month for a period of three months.