Sri Sathish J @ Appu vs The State Of Karnataka on 23 March, 2010

IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 23R» DAY OF MARCH. 2o1O__
BEFORE: ' "

THE I-ION'BLE MR. JUSTICE JAWAD  " 

CriminalPeiit:i0n NO.795 or2o1orf___"  "

BETWEEN:

1.

SR} SAT}-EISH J @ APPU
S / O JAYANNA.

AGED ABOUT 28 YRS

2. RAVI @ RAVEKUMARJ @
S/O JAYANNA, ‘ ~ ‘
AGED ABOUT 25 YRS

3. DINESHJ ‘V
S/OJAYA1\TN{\,’–._ ‘
AGED ABiOU’::24 _’

S/vOC.NAI'{A_Y’Ar~:;e;;?PA,” ‘ ”
‘

5. KRISHNA .V
S/O HUI_..I.URA1jiE£, _ ”

AGED;/\BOUf1′ 24 ‘(RS

_~ R’/O E§_UY’ANAHALLI VILLAGE
THYANEAGONDLU HOBLI

‘ * .. _ NEZLAMANGALA TALUK

“=ag;N’CALOR;: RURAL DISTRICT PE’I’I’1’iONEZRS

_ [By Sri. N Jagadish Baliga, Aclv.,]

AND!’

A 5]” *rf{E;~..S’1’ATE: OF’ KARNATAKA
REPBY THYAMAG-ONDLU POLICE

GALORE RURAL DISTRICT RE3SPONDE.N’I’

{By Sri. P M Nawaz, Add}. SPF}

&§’z/

2

THIS CRL.P FILED U/S439 CR.P.C BY THE ADVOCATE FOR
THE PE’I’I’i’IONERS PRAYING THA’i’ THIS HONBLE COURT MAY BE
PLEASED TO ENLARGE THE PETRS. ON BAIL IN CRNO. 3;:’2’o1o OF
THYAMGONDLU P.S.. BANGALORE RURAL I)1S”I’RIC’I’._.w_f’I’-I.I.cHv IS
REGD. FOR THE OFFENCE P/U/S. 143. 147, 148, 5.0./4;»323;; 32,4.
307 R/W SEC. 149 OF IPC.ANI:) ETC..

THIS PB”I’mON COMING ON FOR OROBRS1,…15}}I1s”~IjAy.

COURT MADE THE FOLLOWING»
oRnER7i

Petitioners are facing cheirge for’..offe.n(;eiptiwnishablew

‘under sections 143, 1.48.*307 read

with section 149 of IPC. it AV

2. The _urIdje_r_iI-investigstions in Crime No.3 of
2010. Petitioners: custody seek bail.

3. As7couA1d’bVe’ the Complaint and on the

basisA.~ofxth4e’ report suhrnitted by Muniraju [one of the

. .”‘\victiB{] i../fii1at..’pn the petitioners 1 to 5 were

‘S¢ung;Iuqg¢g«AI Esuvanahafli Vfihage. Rdunhafix and

others to sell the liquor as it may spoil the

JyOungst’er.s. But, petitioners did not heed to their request.

‘Ag3iI’I'”alI the petitioners joined together and continued to

“sell the liquor which was objected on 14.1.2010. Since

5 the Complainant had objected, the first petitioner along

fihr

3

with his henchmen abused the complainant and others as
to why they were interfering with their work. On the same

day at ‘7 pm, all the petitioners formed unlawfu1.vas’s_e1nbly

with the object of killing the complainant and-.

Nagaraj. They armed themselves 1’i1_{e’i.

clubs {machu} and assaulted

causing injuries which were to be hoinicida-1Viirnature.’

On that basis, the petitior1ers..’Vp_we1=e_ arrestevgi/and after
investigation they havet$e.e’nl’1*-einiandecirjudicial custody.

The charge “_-is _:’fi1e.d’;*~i.i”_:g\tvtlgis stage, they seek

4. As c’o4uld_ ‘oehsleeiicilffrolni the allegation itself, Violence

erup:tedi’~on trivia_lV_ matter. The genesis of crime is the

oppositi_on ‘cifcomplainant regarding vending of the liquor

inlthe yill–‘ageAQei=vfAs complainant alleges all petitioners had

‘.V.forInledll’u:_nla\Arful assembly and attacked the complainant,

A City difficult at this juncture to know who among

petitioners was responsible for causation of injuries on

Nagaraj and the complainant. The wound certificate

WL

4

produced by the petitioners’ counsel shows that Nagaraj
has suffered fracture with facial injury. He was examined

by the Doctors at NEMHANS. Similarly, Munirajii._V_has

suffered injury, but fortunately, there was

he has suffered lacerated wounds only. .’Doc’to:1_=s’have .

certified that they are safe and
from the Hospital. V l i V 2 V l

5. In the circumstances’,l—–to”::pr’oy.e the raised
against the petitioners:lproseiciiitionldiyilllphave to rely on the

victims’ eVide_nee.*-_i fi:nd:ltlier’ei’i~s’_–no’threat to prosecution

becausei”thei».yi_ctiid}is notdxshield the actual culprits if
the petitioriers’ ‘ -a_:s’sailants.

6. ;=Being4uofV this the petition stands allowed. The

are hereby admitted to bail on the

“‘ follioWi’1’ig«corifditions that: –

i.lThe*y/lsliliall execute personal bond in a sum of

AA ppRs:2_S’,OOO/- (Rupees Twenty Five Thousand only) with

V’ V. _ one solvent surety to the likesum to the satisfaction of

the learned jurisdictional trial / Sessions Judge;

{)3}:/’

5

. They shall not leave the Sessions jurisdiction without

prior permission;

. They shall mark his attendance at the

police station Where they reside, once

Saturdays between 9 am. ‘the ‘ .

final report.

. They shall not cause any’-viirnpedirrlentsyy the”‘pr”jogress

of the Case;

. They shall not tamper.r.the”v-firoseeution*witnesses in any

manner;

. They the address at which

they”W’illu:bye llairailahlel at”all’times. On filing of such
affivclavét’ of bond, the trial/Sessions

Court shall isVsue”an”Q_rder to release them.

uuuuu 34/-

IUDGE