High CourtsSingle Bench(2011) 03 KAR CK 0246

Sunil vs The State of Karnataka

Karnataka High Court · Decided on 25 March 2011

HON’BLE JUDGES
A.S. Pachhapure, J
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 877/11

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Judgment

8 paragraphs · 333 words

A.S. Pachhapure, J.—The brief facts reveal that on 31.12.2010 in the mid night hours the complainant and his friends were celebrating new year festival in their colony and it is alleged that the petition quarreled with the complainant and others, and hit them with a bottle and caused the injuries also abused the complainant in filthy language by referring to the caste of the complainant to lower down the dignity of the complainant in the eyes of the public.

2.

In these circumstances a complaint came to be lodged on the facts which was registered for the above said offence.

3.

In the incident the Petitioner has also sustained injuries. As could be seen from the facts in the complaint, at this stage it can not be said that there is intention to cause death.

4.

Taking into consideration the circumstances, and as the incident has taken place at the time when the new year test was celebrated. I am of the opinion it is just and proper to grant the anticipatory bail.

5.

In these circumstances, the petition is allowed. The Petitioner is ordered to be released on bail in the event of his arrest in Crime No. 1/2011 of Channapatna Rural Police Station, registered for the offence punishable under Sections 504, 307 IPC r/w Section 3(1)(x) of SC/ST (POA) Act 1989 on his executing a personal bond for a sum of Rs. 25,000/ with one solvent surety for the likesum to the satisfaction of the arresting authority with the further following conditions:

(i) That the Petitioner shall appear before the Police Station concerned within ten days from the date of this order.

(ii) The Petitioner shall not directly or indirectly, make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

(iii) He shall be made available for interrogation by a police officer as and when he is required.