Cr}? N0.5473f2i)G8 ii'! THE HIGH COURT OF KARNATAKA AT BANGA:;§§§R.B " DATED THIS THE 13TH DAY OF FE'BRUA1§\%.A2QV$§§'V:v : BEFORE J J 'T 1 AA was Horrsm ma. JUSTICE " CRIMINAL PETYFION N0;15V1§;I1'JacobV&;' 'Mavhcsh, Adv-5. for petitioner) AND; State, . " A By RMC Ya1ti«..PoI§£:e':,- A _Rep_ms?cnted by..Sta_te Public Prosecutor, com: of:<ama.«% % taka, "«AB:a.11«g's_1i£;-fit.' ' RESPONDENT
Z X’ ‘ ..;(:33;.. s%riT.’3§§1a:aiuishna, HCGP)
-Mi:-‘Ir
rfhis Criminal Petition is mad under Section 433 of the Code of
Pzoccdum, praying to enlarge the petitioners on bail in the
eveilt of his arrest in Crime No.81/2008 which is registered for the
2
C11,? No.5-=$’?3./20(}8
offence punishable under Sections 341, 594, 323, 353 and 307 I’/W
34 of !PC.
This Petition coming on for onilers this day, the .4
the following-
0 R D E R
The petitioner is before this Court under”Seetio1;« of
Code of Criminai Procedum seeking ‘in «.
No.81/O8 of RMC yani pokice staiiorit,-.._:D;vayang.ene,
under Sections 341, 504, 323, 35,3, 307 ,r;~.r.~}.€ 34 ‘mpg;
2. The case of the pmgecyttietx jiis ‘of; ‘£1.08 at about
7.30 p.111. after panollfiag Purandara Naik,
A.P.C.No.117 of his house on his
motorcycle bearitlg he was in front of
Shakti Ganesha cross some four persons
stopped his a:t’:d’Vo;$1<Até.*iVAi'or petrol. As them was no petrol
in to go to petrol bunk which was
for which the accused persons abused
in also assaulted him. Out of them two
, held thé,oompIai11ant's hands firmly and other two persons
" "o_9mpiaman' t with iron pipe on his head and another
3
C11? No.5»=$73i’20Q8
person assaulted with iron rod on his lips and thereby attempted to
kzili the complainant. One Naxayana Naik, Manjunath and
Giddalingappa shifted the complainant to S.S.I-Iospital, Daxfangere
and the complainant lodged the complaint. During the of
investigation, accused No.1 /Mahesha, accused No.2,!
accused No.3] Anneshi were arrested. Aooused
had moved for bail under . Cf,’ in Crl. Petition
No.64] 2009 and accused’ Nos:..1″ for bail under
Section 439 of Cr. I?_ri{.,’ These two Petitions
were clubbed and i .2.2(}(}9, granted bail to
those pefifionees j’I’oe present petitioner, who is
permanent agriculturist by profession, is
apprehendigg A’ Poficeas he has been falsely implicated.
Thégéfom, fiefifioger beam this Court seeking anticipatory baii.
for the petitioner submits that the
not fund a place in the FIR. The pefifionefs
‘ Lbeen tincluded subsequently afier recording the alleged
_ .. 4, ,, . if . _ ‘ — . .. égmterzienis other aceu .
V (ii) H ” that shall appear before the Investigating
4
CILP No.54’f3!2G08
4». Learned Government Pleader submits that if the petitioner is
granted bail, it will come in the way of investiganion.
5. By imposing appropriate conditionefl *’
made available before the Investigatingefiéficer for: of V’
investigation. There is no good
6. In the resu1t,; ‘ “I:’Vhe Investigating
Officer in Crime No.£§iV/ Station, Davangexe,
is directed to ‘event of his arrest, subject
to fulfillment of féileieing H
(5) that thee”-4;$ctt31nfc’>11_ef..v 5115;: execute a personal bond for
– a surety for iike sum to the
‘ “of the Investigating Ofiiccr;
. ‘ V before 28.3.2009;
A’ ‘heat the pefitioner shall appear before the Investigating
” as and when required, for the purpose of
V ‘T investigation and interrogation;
D» .u(tv} that the petitioner shall not tamper with the prosecution
witnesses, evidence or documents; and
L’/.
Bjs V
(V)
CILP No.S4?3/2008
that the petitioner shall move for regular bail, a
month finm the date of her arrest by the _
Officcr, and in that event, ‘v
shall be in force until the is;
disposed of.