Narayanappa (A5) vs State Of Karnataka

H.P. Sandesh, J

This petition is filed under Section 438 of Cr.P.C. praying this Court to enlarge the petitioner on bail in the event of his arrest in respect of Crime

No.243/2020 registered by the Srinivasapura Police Station, Kolar, for the offence punishable under Sections 307, 323, 324, 341, 504, 506 read with 34

of IPC.

Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.

The factual matrix of the case is that this petitioner had supplied the machete to accused No.1 to inflict the injury to the complainant in view of the

civil dispute between the parties and as a result, accused No.1 inflicted the injury. Accused Nos.1 to 4 have already been granted bail before the Trial

Court, but bail of this petitioner was rejected on the ground that he has been shown in the absconder’s column. Having taken note of the fact that

the petitioner is aged about 75 years and the allegation against this petitioner, the Trial Court rejected the bail of the petitioner on the ground that he is

absconding since his name is shown in the absconder’s column and no proclamation is issued against the petitioner. Having taken note of no overt-

act allegations and the allegation is that he supplied the machete and whether he had supplied or not, is a matter of trial and investigation is completed

and charge-sheet has been filed.

In view of the discussions made above, I pass the following:

ORDER

The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.243/2020

registered by the Srinivasapura Police Station, Kolar, for the offence punishable under Sections 307, 323, 324, 341, 504, 506 read with 34 of IPC,

subject to the following conditions:

(i) The petitioner shall surrender himself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and

shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the

concerned Investigating Officer.

(ii) The petitioner shall not indulge in tampering the prosecution witnesses.

(iii) The petitioner shall not leave the jurisdiction of the Court without prior permission till the disposal of the case.