High CourtsSingle Bench(2013) 10 KAR CK 0147

Raghavendra @ Raghu vs The State of Karnataka

Karnataka High Court · Decided on 9 October 2013

HON’BLE JUDGES
N. Ananda, J
CASE NUMBER
Criminal Petition No. 5898 of 2013

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Judgment

9 paragraphs · 405 words

N. Ananda, J.—The petitioner is arrayed as accused no. 1 in Crime No. 326/2013 registered for offences punishable under Sections 143, 448, 354, 506(B) 114, r/w. 149 IPC, and also for offences punishable under Sections 3 and 25 of the Arms Act, 1959. Heard learned counsel for petitioner and learned Government Advocate for the State and perused the investigation records, which would reveal;- that first informant is a widow, she had lost her husband seven months prior to 09.09.2013. Before the marriage of first informant, the first accused wanted to marry her however, the first informant was not interested in marrying the petitioner. The petitioner had passed on the mobile number of first informant to accused no. 2, who had sent SMS to first informant intimating his intention to marry the first informant. The first informant had sent a reply that she is willing to marry if there was consent from the parents of second accused. On 08.09.2013, at about 1.00 a.m., the second accused and other persons smashed the window panes of first informant''s house. On 09.09.2013, the first accused and other accused trespassed the house of first informant and used criminal force against her. The second accused held and dragged the first informant and threatened her to marry him. When the incident was going on, the petitioner and other accused, were sitting in a car. After the incident, petitioner fed away from that place.

2.

On consideration of first information, I find that, apart from motive, there is no other prima-facie material against petitioner to implicate him in the aforestated crime. Therefore, the apprehension of petitioner is reasonable.

In the result, I pass the following:

ORDER

The petition is accepted. If petitioner is arrested by the respondent police in Crime No. 326/2013 registered for offences punishable under Sections 143, 448, 354, 506(B) 114, r/w. 149 IPC, and also for offences punishable under Sections 3 and 25 of the Arms Act, 1959, he shall be released on bail, subject to following conditions:-

I The petitioner shall execute a. bond for a sum of Rs. 50,000/- (Rupees Fifty Thousand only) and offer a surety for the like sum;

II The petitioner, for the purpose of investigation, shall appear before the Investigating Officer whenever called upon to do so;

III The petitioner shall not intimidate or tamper with prosecution witnesses;

IV The petitioner shall seek regular bail from the jurisdictional court within three months from today.