High Court Karnataka High Court

Mohan S B vs State Of Karnataka By Thilak Nagar … on 19 May, 2009

Karnataka High Court
Mohan S B vs State Of Karnataka By Thilak Nagar … on 19 May, 2009
Author: V.Jagannathan
IN THE HIGH Comm ()1? KARNATAKA, % u

DATED THIS THE 19TH DAY 01:' MAY'Vé:0G$'.: "    T  ' 

BEFORE'  

TI-IE I-ION'BLE MR. JUSTICEV. J$GAI§JSEA'PH"A'NV % 

CRIMINAL PET1TI03*§ "No. 1%:5*z / 2eV%09 1_ M 
c/w. CRIMINAL PE'I'I'_!_fIQ.1_\Z 249.1464/20:29

IN CRIMINAL. PETITION M-§1457 

 

3E'rw1:E1w:_  

(Mohan @ wimv€ohai--; _ 

s/0. Bheznan' V "  * _ 

aged abo11t36 ycarsk    
R/a. No.5/26, am  ,_ 
Bhavaai Nagar, sudhagimte--'Pa1ya
D.R.C.;Pcac:_t, 3.0;-»R_o'»fa'd

  5:30 020  ..... .. -  PETITIONER
(Bjffiri.  Chandra Shetty, Adv.)

% * i»-j%-stm;cTor itarizamm
 A by Thiiak Nags: Police Station
 Bmggalqm  RESPONDENT

 

%%  (   Honnappa, HCGP)



iN CRIMINAL PE'I'ITION No. 1464/2009

BETWEEN:

Kmnara.

S/o. Late Anniappa

aged about 39 years

R/a. No.133, 30*" A Cross
Bangalore     PETITIQNER

(By Sri. Pavana  Shetry, .'&zI'w)"% 

State by   ._ 4
Rep. by State PI_:.b1ic gimsécptor. 
High  B'uiltii1:«.;g_ V _, * " .
Bailgaifire " " V' 1'7'

H 2 % n  RESPONDENT
(By sri. .   %

_'!'l:1csc    U] $439 of Cr.P.C. praying to
gI'an€;m1iLef of  bail in connection with Cr. 1510.216] 2007

 V' "'ofT'h.:'l'a' L:ijaNaga«r Poficéétation.

'  "   coming on for orders this day, the court

Liizaflngéthé 

ORDER

both sides in respect of the bail petitions filed.

2. Both the bail petitions arise out of the one and the

same registered case in cxime 110.2216/200? by the Tilaknagar

3:»

H

_ 3
police station and offences alleged against the petitioners are

under section 302 r/W. 34 IPC.

3. The submission of the learned the

pefltioner in. Criminal petition No. 1454/2009 5

pemsa} of the allegations and other

would indicate that it was only A-1 Aszkgsvhe’ i’:hc*–.._

death of the con1p1a11:1an’ t’s sex; by re V
and no role was played by 2 thexefone,
bail be granted to the 25s as theihbuaxil petition by

A~1 ‘er-:o.1-457/2009, the submission of the

-§:peti’tioner is that the trial court may be
directed toauexpecnu V’ “as the ts’ 1.

3 T. other hand, the submission made by the

the State is that the eye witness to the incident

is C.V”1V.:117 Maniveiu and as per his statement, it is A-1 and A-2

he have caused the death of the complainant’s son

‘Manikanta @ Chinna by assaulting the deceased with deadly

weapons and the Boctor has been opined that the cause for
death is due to shock and hemorrhage as 9. result of muhiple

injuxies and as such, bail be rejected to the petitioners.

2%»

fix

5. Taking note of the conflict allegations the

statement of eye witness, at this stagfia the

insufficient to bring in A-3 Kumar inasmuch

assigned. to him. In the alleged inciclcpt, tl1e_<;*<::za.;§1s1:ii1:zV%1:1tAVh;§1'$:." Av

made direct allegations against A~1

can be gantcd to A-3 and the' as

concerned will have to be rejectcacl} _V i

6. For the above 1ta59ns,¢~i’f)a3§S the.fo1lowiia”g cider:

Bail’ :.M- 1′ “(Mof1an) in Criminal petition

No. 145712009 is pan is granted to the petitioner»

Kumar in fiaefisjéfi NO.146€)/2009 subject to the

gouciitigpifi that “s;h.g_j§_«executc a personal bond fior a sum of

two sumtics out of whom one shall be the

the like sum to the satisfaction of the tnal’

V jgcflfioncr shall mark his attendance before the

H u Police Station on every Saturday between 19 am. to

sand he shall not tamper the evidence or thmaten the

-. “pmsccufion Witness, in any manner. Hr: shall not involve in

” A’ such ofiences of the like nature in future. He shall not leave

the place Without prior permission of the jurisdictional

Qt.

//V’

‘ 5

Magisuam. On violation of any of the oond.ifiéiis;

prosecution is at liberty to move for

Though the bail is rejected in ‘1’_r_>s}:x:_(;t of “t’i1e:._’:Va¢V:’:.t£11$Cd _

Crimina} petition No.1457/2009, to

expedite the trial.

Cs