High CourtsSingle Bench(2012) 09 KAR CK 0259

Sri. H.R. Anjan Kumar vs State

Karnataka High Court · Decided on 10 September 2012

HON’BLE JUDGES
H.N. Nagamohan Das, J
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 5367 of 2012

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Judgment

10 paragraphs · 295 words

H.N. Nagamohan Das

1.

The jurisdictional police registered a case against petitioner and another in Crime No. 293/2012 for the offences punishable under Sections 498A and 306 r/w Section 34 of IPC. Investigation is completed and charge sheet is filed in CC No. 16029/2012. Now the matter is committed to Sessions Court in SC No. 1104/2012. Accused No. 2 is on bail. The Fast Track Court in its order dated 8th August 2012 in Crl. Misc. No. 3838/2012 rejected the bail petition of the petitioner mainly on the ground that investigation was not completed. Now that the investigation is completed and charge sheet is filed, there are no compelling circumstances warranting the petitioner to continue in custody. Learned counsel for the petitioner brought to my notice that the minor child aged about four years is in the custody of petitioner''s mother who is ailing. Further, it is brought to my notice that petitioner''s father died after the incident. In the circumstances and also in the interest of minor, it is necessary to release the petitioner on bail.

2.

For the reasons stated above, the following:

ORDER

The petition is hereby allowed. The petitioner is enlarged on bail on the following conditions:-

i) The petitioner shall execute a personal bond for a sum of Rs. 50,000/- (Rupees Fifty Thousand only) with a local solvent surety for the like sum to the satisfaction of the Trial Court.

ii) The petitioner shall not leave the jurisdiction of the trial Court without prior permission from it.

iii) On all hearing dates, the petitioner shall appear before the trial Court.

iv) The petitioner shall not in any manner tamper with the prosecution witnesses.

Violation of any one of the conditions above will result in cancellation of bail order. Ordered accordingly.