High Court Karnataka High Court

Raghu vs State Of Karnataka on 5 January, 2010

Karnataka High Court
Raghu vs State Of Karnataka on 5 January, 2010
Author: A.S.Pachhapure
I Cr]. P 6352/O9

IN THE HIGH COURT or KARNATAKA AT BANGALQRE

DATED THIS THE 05TH DAY OF JANUARY.AE9'iIVof"Lj--,:.'
BEFORE   4:. i

THE HON'BLE MR.JUsTIcE.A;s..I-AcHHAI¥iIIIE  
CRIMINAL PETITION N;().V_65:§_5é/éooéafl   

BETWEEN it I A it A A'

Raghu.

S/o. Doreraju,

Aged about 23 years,    ;

No.14/2. Javier Layout. "  C A

Y.G. Palya.  _   .  *

Bangalore-4'7.  '   2:   A '  PETITIONER/S

(Sri.V. Laksihmikanhth RiiofjsruMnsethiéh. Advs.)

AND

State of Karnatakar   

By Ashok Niagar PLSJ  V 
Reptd. _ by State'Puiilic*Proé;ecutor.
High (gum-t of Karnataka.

 '~ «Biangeiore,  ---------- ~  RESPONDENT/S

 (3.5; satigh .::Ci'irji, Adv.)

>i=****

"«Th.v'.,_$ ' Criminal Petition is filed under Section 439

 ',(_3r.P.C. ..to}_reIease the petitioner on bail in S.C. No.47 1/09
  pengiing 'before the Session Court at Bangalore (CCH-»34) for
 ' the offence P/U/S 302 I'/W 34 of IPC.

This Criminal Petition coming on for Orders, this

i  the Court, made the following:



2 Cr}. P E5352/O9

ORDER

This petition is filed under Section
requesting for grant of bail having been
No.18/ 2009 for the offences punishable

302 readwith 34 of me by the Ashok Nifiga} _

2. The facts relevant for”oifv’this§ petition

are as under:

It is on Swamy a
resident of hisiiiicomplaint to the
Police Infant Raja aged
about that at about 11.15 p.m. on

that dayiihiis. friendipv’a,nki._mn.eighbour by name Santosh

informed him ti:-athiis brother Infant Raja was assaulted by

on-er VB”i1ash’ar,ih’Rtaghu, Hileham and Victor. The complainant

to the spot which was few metres away

fromi his house’ and found his brother gasping and was very

tired and weak. He had sustained bleeding injuries on his

.e3ffebrow and left side of the back. He was surrounded

persons who were the neighbours and all of them

V’u”»»..4l:.’ifted the deceased to Phitomena Hospital. It was about

sss/In

3 Crl. 13′ 6352/09

11.30 p.m. when they reached the hospital and thegfloctor

declared the deceased having been dead.

circumstances, he has submitted his comp~–l:ain:t.i:iVt’-at

Police which came to be registered.~in..the.’aboife:.criirnii for

the aforesaid offences.

3. The petitioner and
has not committed any hasibeven falsely
implicated in this case. It that there
is no motive and been granted
bail. So also; ready and willing to
abide byany imposed by this Court
for his release on grounds, he has sought for

the grant oi:bai1;» Vi A

_ learned Government Pleader has orally

” fie-tition stating that there is prima facie

material a.gaiivn}st the petitioner for the offences registered

therefore, he has sought for the rejection of the

;5eti’tiO§u1.’. &

4 Cri. P 8352/09

5. In the circumstances. I have heard the learned
counsel for the petitioner and also the learned Goifernrnent

Pleader.

6. It is the contention of the learn;ed.ggcbAun:sel’forl
petitioner that the other two accused. againstlgl
same act was attributed haxfeqiieen granted: bail in Crl.

P.Nos.955/2009 and.’;1.4is4,_:’2’oo;:_$j’._ invxparity, the
petitioner is also entitledliggtoflthe for. The
perusal of and the
documents material to show
any of the offences.

Furtherlrnorel, apprehension so far as the

securing tuned vpresen.ce=…”-~’of the petitioner either for

investigation or ‘fervflthe purpose of the trial. As the other

accusedtwhave been granted bail, in parity. the

petitione”:««i§Apsj».alsoyentitled to the bail sought for. So far as

the securing”the presence of the petitioner is concerned.

s:ome__condit1ons could be imposed. In the circumstances, I

e.a1’ndof’the opinion that the petitioner is entitled to the bail

sign-fight for. Hence, I proceed pass the following: 04’