High CourtsSingle Bench(2011) 02 KAR CK 0115

Sri. Mahesh @ Madesha, Sri. Doraiswamy @ Koli and Sri Tharesh @ Ramesha vs The State of Karnataka

Karnataka High Court · Decided on 2 February 2011

HON’BLE JUDGES
V. Jagannathan, J
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 6117 of 2010

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Judgment

8 paragraphs · 294 words

V. Jagannathan, J.—Heard the Petitioners'' Counsel and also the learned Addl. SPP for the Respondent-State in respect of bail sought following the case being registered against the accused persons in Cr. No. 264/10 for the offences punishable under Sections 341, 307 r/w 34 of IPC.

2.

Petitioners'' Counsel submits that, the alleged incident said to have taken place on 11.11.2010 when the complainant refused to give ''Neera'' to accused persons on the ground that the land owner was not present and this led to the accused persons assaulting the complainant with clubs and wooden sticks on the hands and legs. Thereafter, the complainant went home and on the following day, he was taken to the hospital for treatment.

3.

In view of the nature of the injuries sustained being opined as simple injuries in respect of injury Nos. 2 to 4 and injury No. 1 being grievous in nature having been caused over the right leg middle 1/3rd and taking all these factors into account and the Petitioner is in custody since 02.11.2010, I am of the view that he can be released on bail by imposing conditions to safeguard the prosecution interest.

4.

In the result, petition is allowed and bail is granted to the Petitioner, subject to the following conditions :

(i) Petitioners shall be released on bail on each of them executing a personal bond for a sum of Rs. 25,000/- with two sureties for the likesum to the satisfaction of the trial court.

(ii) They shall not tamper or attempt to tamper any of the prosecution witnesses.

(iii) They shall not give threat to the prosecution witnesses in any mariner.

(iv) They shall mark their attendance before the concerned police station on every Saturday between 10 a.m. and 5 p.m.