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Judgment
This petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Section 3O7 of IPC, registered in respondent - police station Crime No.431/2017.
The prosecution case in brief that victim has given the statement that on 31.10.2017 at 5.30p.m. when he was working in the Kitchen Room in Green Park Restaurant, Uttarahalli Main Road, Srinivasapura, Kengeri, Bengaluru City, the petitioner came and took the machu in the kitchen room with an intention to kill the victim and assaulted on the back of his head and other parts of the body with machu and caused the injuries. On the basis of the said statement, case came to be registered for the alleged offence under Section 307 of IPC.
Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.
During the course of hearing of the petition it is submitted by the learned counsel for the petitioner that the injured has already been discharged from the hospital and learned HCGP referring to the case file made the submission that the injured sustained two grievous injuries.
The injured has already been discharged from the hospital. Therefore, at this stage it shows that his condition is safe and out of danger. It is also not the case of the prosecution at this stage that the alleged offence under Section 307 of IPC may escalate to higher counts. Petitioner has denied the allegations and contended that he has been falsely implicated in the case and he has also undertaken to abide by any conditions to be imposed by this Court. The alleged offence under Section 307 of IPC though non-bailable in nature, but not exclusively punishable with death or imprisonment for life. This is the petition filed under Section 439 of Cr.P.C. seeking regular bail, hence, petitioner can be enlarged on bail by imposing reasonable conditions. Accordingly, petition is allowed. Petitioner/accused is ordered to be released on bail for the offence punishable under Section 307 of IPC registered in Crime No.431/2017, subject to the following conditions:
i. Petitioner has to execute a personal bond for Rs.50,000/- and has to furnish one surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner has to appear before the concerned Court regularly.