High CourtsSingle Bench(2011) 11 KAR CK 0063

Raghu @ Raghunath vs State

Karnataka High Court · Decided on 4 November 2011

HON’BLE JUDGES
B.V. Pinto, J
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 5639 of 2011

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Judgment

8 paragraphs · 228 words

B.V. Pinto

1.

This petition is filed seeking bail in Crime No. 151/2011 of Halebidu police station, Hassan District registered on 31.08.2011 for the offence punishable U/s. 307 r/w Sec. 34 of IPC.

2.

It is the case of the complainant Sri.Dharmaiah, that in respect of hire charges payable for auto rickshaw, petitioner and others assaulted complainant by club and thereafter, complainant was taken to the hospital where it was found that, complainant has suffered fracture.

3.

Heard Sri. Girish.B.Balandare, learned counsel for the petitioner and Sri.Vijay kumar Majage, learned HCGP for the State/Respondent.

4.

The learned counsel for the petitioner submits that, injured has been discharged from the hospital end that his life in not in danger. Hence, petitioner is entitled for bail.

5.

The learned HCGP on the other hand submits that, injured has suffered fracture and deformity. Hence, the offence timer Section 326 of IPC is made out and that the charge sheet is yet to be filed.

6.

However, having regard to the fact that the life of the injured is out of danger, I am inclined to grant bail to the petitioner.

7.

Accordingly, the petition is allowed. The petitioner is directed to he released on hail on his executing personal bond for Rs. 25,000/- (Rupees Twenty Five Thousand only) with one surety for the likesum to the satisfaction of the Court below.